&^Q— ^a-^^L/ THE AMERICAN DEBATER: BEING A PLAIN EXPOSITION OF THE PRINCIPLES AND PRACTICE OF PUBLIC DEBATE : TOGETHER WITH A COMPREHENSIVE COURSE OF INSTRUCTION IN THE LA v7 AND PRACTICE OF PARLIAMENTARY ASSEMBLIES, DEBATES IN FULL, AND IN OUTLINE, ON VARIOUS INTERESTING TOPICS. NUMEROUS QUESTIONS FOR DISCUSSION, FORM OF A CONSTI- TUTION FOR LITERARY CLUBS OR DEBATING SOCIETIES, ETC., ETC., ETC. i By JAMES K McELLIGOTT, LL.D., AUTHOR OF "THE ANALYTICAL MANUAL," "YOUNG ANALYZER," ETC. "Here is a thing -wherein I would willingly have yon agree, that is, to dispute and not to quarrel; for friends dispute between themselves for their better in- struction, and enemies quarrel to destroy one another. M — Plato. REVISED AND ENLARGED EDITION. CHICAGO : S. C. GRIGGS & CO., 39 & 41 L.IKE STREET. NEW YORK : IYISON, PKLNNEY & CO., 48 & 50 WALKER sf. 1863. / ^ ** ^ ■N* X ^ ^ Entered, according to A&t cf Congress, in the year 1855, by JAMES N. McELLIGOTT, In the Clark's Office of the District Conn oi the Southern District of New York. 8 X PREFACE. THE aim of this work is not novelty, but utility. Its merit, therefore, if any it has, consists not in the development of new ideas and principles, but rather in working into shape, convenient for teaching and for reference, materials which, in some form or other, every one should have who aspires to be a good debater. Accordingly, after some preliminary observations, the question is raised, — "What is a good debater?" and, by way of answer, the special province of deliberative eloquence is carefully marked out, and the chief qualifications for an able deliberative orator given in detail. But, as among the qualifications set down as necessary to success in debating, extemporaneous speaking is particu- larly specified, because it is of the highest importance, the Section next in order is devoted exclusively to that subject. Then follows a Section on Debating Societies, in which the capabilities of these associations, as a means of educa- tional discipline, are set forth at considerable length. Under the caption, u Management of a Question," the student will find, in Section V., such suggestions, it is hoped, as will prove of the highest practical importance in preparing for the discussion of any particular subject. However well prepared in other respects, one may, never- theless, be seriously embarrassed by a want of acquaintance IV PREFACE. with those Rules of Order which are in general use in delib- erative assemblies. Hence, several consecutive Sections are occupied with a course of instruction, in the form of question and answer, designed to render familiar what is aptly called THE COMMON CODE OF PARLIAMENTARY LAW. To gratify those who might expect to find in the book the form of a debate in FULL, two questions have been proposed and formally discussed. This has been done, moreover, under the impression that some idea of the modes of attack and defense, usual in debate, might be conveyed in this way better than in any other. The full debates are followed by a series of skeleton or outline debates ; that is, questions with a summary of argu- ments, or rather considerations on both sides, designed merely to intimate certain lines of thought, that may be varied and extended by the reader's own reflection. Next, in order, fellows a series of questions with refer- ences under each to authorities or sources of information on the matters concerning which they challenge dispute. After these comes a long list of debatable questions {over a thousand), in respect to which the reader is left to act as an independent reasoner : thinking and consulting as his judgment and intelligence may direct. To serve the convenience of those who may, perhaps, for the first time, be appointed to draft Rules and Regulations for a Debating or Literary Society, the last Section of the work is devoted to the presentation of two different forms of a Constitution and By-Laws, suitable for such an association. With this brief glance at the scope and manner of the work, this new edition, enlarged and improved, goes forth to the world, under the hope, now strengthened by some years of trial, that it may prove a serviceable, because a re- liable guide in the matters whereof it undertakes to speak. CONTENTS. SECTION I. PAGB Introductory Observations 7 SECTION II. What is a good Debater ? 13 SECTION III. Extemporaneous Speaking 29 SECTION IV. Debating Societies 42 SECTION V, Management of a Question 69 SECTION VI. Rules op Order in Deliberative Assemblies 83 SECTION VII. Privileged Questions 119 VI CONTENTS. SECTION VIII. PAGE Order of Business 155 SECTION IX. Order of Debate 165 SECTION X. Debates in Full 173 SECTION XL Debates in Outline 216 SECTION XII. Questions with References 236 SECTION XIII. Debatable Questions 24.1 SECTION XIV. Forms of a Constitution and By-Laws suitable for a Lit- erary or Debating Society 289 APPENDIX. Declaration of Independence 301 Constitution of the United States 31*7 Amendments to the Constitution 341 General Index 347 SECTION I. INTRODUCTORY OBSERVATIONS. rilHE end of debate is to establish truth. Its method -*- is well denoted by its name ; for to debate is to beat off, that is, to beat off error. It is often, indeed, turned aside from its proper aim, but never from its proper profession ; since the avowal of any purpose other than that of maintaining truth would alone be sufficient to render it perfectly powerless. But whatever the motives engaged in the contro- versy, truth can suffer no great disadvantage, so long as the contest is fairly conducted. M Though all the winds of doctrine," says Milton, " were let loose upon the earth, so Truth be in the field, we injure her to misdoubt her strength. Let her and Falsehood grap- ple : who ever knew Truth put to the worse in a free and open encounter ?" The ultimate triumph of Truth is, indeed, beyond all perad venture. Yet who has not witnessed her oc- casional defeat, however temporary it may have been, from mere ignorance or awkwardness in the exhibition of her forces ? It is the appropriate office of debate to bring these forces into due requisition. What 8 INTRODUCTORY OBSERVATIONS. mountains of prejudice, what barriers of interest, what shades of ignorance, what sloughs of apathy, have often and suddenly been swept out of the pathway of Truth by prompt and opportune displays of contro- versial power ! s And for the exercise of this power who can count the occasions? They spring up in every quarter. The world is flooded with pretentious doctrines, theo- ries, and systems ; and not only pretentious, but per- nicious, some of them, to the last degree. They are the prolific sources of schemes, projects, and enter- prises, affecting, or aiming to affect, every interest of humanity. They appear in politics. They appear in religion. They infest chambers of commerce and halls of legislation. They start up in educational bodies, and seek to sway the decisions of all deliberative as- semblies. Nor do they terminate in mere discussion. W ere these questions mooted merely as matters of speculation, without any aim at direct practical results, they might, perhaps, be largely indulged without ap- prehensions of evil effect. But this is not so. Those who agitate them, do so with the distinct and resolute purpose of converting theory into practice. They push their claims with the greatest confidence. Hence the need of immediate resistance. Let them go unan- swered, and they at once assume to be unanswerable. Now debate, if efficient, brings all assumption to the test of logic. It asks nothing but a fair field. Its motto is embraced in three short words, — Hear both sides : an ordeal dreaded only by Error ; for Error hates to be seen, except in her own light and in her own chosen positions. Quick to observe the varying INTRODUCTORY OBSERVATIONS. 9 moods of the crowd, she is quicker still, if possible, to turn them to her interest. She studies their inclina- tions. She knows how they grasp at glittering plaus- ibilities ; how soon they forget their bitterest expe- riences ; how (strange to say !) they even court, or seem to court, the pleasurable dreams of delusive ex- periment. In a community thus liable to abuse from the prev- alence and pertinacity of ill-founded opinion, where change, under the name of reform, treats all experience as mere imbecility, and where, on the other hand, blind adherence to things as they are, under the name of wise conservatism, opposes tenaciously every effort at progress, some power of logical analysis seems ne- cessary, at every point, to see, if nothing more, that even real reform and real progress are not fatally ob- structed in the contest. This power finds a ready and flexible application in the person of an accom- plished debater. It is attainable by practice. It is capable of indefinite improvement. It is serviceable in every station. It is fall of benefit to all that use it aright, But to him who aspires to distinction in public life, whose hopes are directed toward the great scenes of controversial encounter, and whose ambition is to reach the influence of exalted political place, the power to figure advantageously in a deliberative body is a thing of the last importance. Whatever, therefore, offers aid in the attainment of an object so desirable, is certainly worthy of regard. Under this conviction has this book been written. Designed for no particu- lar class — for the professed student of oratory no more 1* 10 INTRODUCTORY OBSERVATIONS. than for the aspiring plowboy — it eschews all forbid- ding technicalities. It deals, indeed, largely in sim- ple statement ; yet no exhaustive details are permitted to come in, and discourage perusal by exorbitant de- mands on the time and patience of the reader. Its scope, nevertheless, is sufficiently ample to embrace whatever the greatest masters, both ancient and modern, have thought it most important to set forth for the guidance of those intent upon the acquisition of skill in deliberative eloquence. The work takes, in fact, even a wider range. It assumes, in some sort, the responsible office of the Eoman father whose son was destined to the Senate ; for, says the younger Pliny,* " the father of each youth was his instructor on these occasions, or, if he had none, some person of years and dignity sup- plied the place of a father. Accordingly, they were taught by that surest method of discipline — example, how far the right of proposing any law to the Senate extended ; what privileges a Senator had in delivering his opinion in the House ; the power of the magistrate in that assembly, and the rights of the rest of the members ; where it is proper to yield, and where to insist ; when and how long to speak, and when to be silent ; how to distinguish and separate complicated and inconsistent propositions, and how to improve upon another member's motion ; in a word, they learned, by this means, whatever relates to the conduct of a Senator in the House. "f * Book VIII, Letter XIV. f What the Roman youth thus learned from his father, that is, the modes of procedure usual in deliberative bodies, with such additions as INTRODUCTORY OBSERVATIONS. 11 Such, in a general way, is tile service offered in this volume. To make it really effective, however, it must be accepted in that mingled spirit of docility and dis- cretion which wisely appropriates the experience of others. General principles there are, indeed, and gen- eral precepts; but, in the application of these princi- experience has shown to be necessary or expedient since, has, at length, come to be quite an elaborate system. The subject is elsewhere largely treated in this volume ; yet a summary of its elements, as given by Cushing, may not be out of place here. " The common parliamentary law of this country," he says, consists of the following elements : — 1. The law of parliament, or that which belongs to every legislative assemby of English origin, by the mere fact of its creation. The best evidence of this is to be found in the usages of the House of Commons. In this country, it is common for each assembly, besides the common parliamentary law, to be governed by its own rules and orders. 2. Usages introduced by practice into this country, and which do not depend for their existence upon any rule or order. The most promi- nent, if not the only proceeding of this kind, is the motion to recon- sider. This motion is usually regulated in each assembly by a special rule. 3. Proceedings which occasionally take place in parliament, but are in frequent use in this country. An appeal from the decision of the presiding officer on a point of order, is of this kind. 4. Modifications introduced by Constitution. The most common pro- vision of this sort is the requisition that certain questions shall be taken by the yeas and nays of the members. A very frequent provision of the same kind is, that every assembly shall be governed by its own rules and orders. 5. Proceedings which very commonly prevail, and which depend for their existence upon the rules and orders of each assembly, and which would not exist unless specially provided for by rules and orders for the purpose. Thus, it is generally established, in our legislative assemblies that certain motions shall be decided without debate ; that motions may be withdrawn, modified, or divided, at the pleasure of the mover ; and that amendments shall be in harmony with the proposition to be amended. 12 INTRODUCTORY OBSERVATIONS. pies and precepts, lies the true measure of all excellence in debate. He that would rise to superior rank in public deliberation, must study well the foundations of individual success. He must study himself. He is not to be so fixed in admiration of a great example, as to find no satisfaction except in the imitation of a distinguished model. He is not to shape his powers so as to reproduce, if possible, Demosthenes, or Cicero, or Pitt, or Webster ; but to create, for the circle which he fills, an original, if not a great deliberative orator. SECTION II. WHAT IS A GOOD DEBATElt? fTIO estimate the importance of being a good debater, -*- or ascertain the qualifications essential to that char- acter, it is necessary briefly to consider the aim and scope of deliberative eloquence. All public speaking, except that of the pulpit,* con- sidered in reference to its atm, falls under one or other of these three ancient divisions, — Demonstrative+Ju- dicial, or Deliberative. The demonstrative has its place where great events or great persons are to be celebrated. It employs, upon occasion, the language of invective, but its par- ticular province is elaborate eulogy. Its appropriate times are the memorable anniversaries, the days of great public solemnity, the extraordinary occasions, * Pulpit eloquence is here excepted, because it does not properly fall under any one of these three heads, but, in reality, embraces the leading features of them all. f The term demonstrative (from the Latin demonstro, to slioio or point out clearly), is here used, as among the Latin rhetoricians, to signify what is showy, or abounding in show 01 ornament, L e. lauda- tory, glorifying. 14 WHAT IS A GOOD DEBATER? whatever their name or their nature, whereon men meet to mingle and express their common sympathies. It is expected to display the riches of rhetoric, and to exert every force and every fascination of oratory. Its strong appeal is to the heart. Its purpose is the praise of virtue or the reprobation of vice. The judicial is that which is engaged in the litiga- tion of causes, in the adjustment of disputed rights, in the determination of guilt or innocence. Its scene is the court-house. It is, in style, clear, direct, and logical. It deals in law and evidence, sifts and weighs testimony, and labors every way to convince the un- derstanding. In short, its appeal is to the head, its aim the administration of justice. The deliberative is that which is employed where propositions, after being duly discussed, are finally to be adopted or rejected, according to the pleasure of the assembly. It differs from the demonstrative and the judicial, both in the end which it seeks, and the means which it employs for the attainment of that end. The demonstrative, as before intimated, begins and ends in display. It abounds in ornament ; it awakens emotion ; it delights the imagination ; it exhibits the virtues of its subject, but no less exhibits the resources of rhetoric and the talents of the orator. But here its mission closes. It looks to no definite resulting action in the body addressed. The judicial, unlike the demonstrative, avoids every appearance of show, or endeavor. It relies upon facts, evidence, positive statute ; counts little upon appeals to the emotional nature ; but demands a verdict, not WHAT IS A GOOD DEBATER? 15 as a favor, but as a right, not as being expedient, but as being nothing more than what is just. The deliberative differs from the demonstrative, in laboring to sway the opinions of the audience, and to secure a vote in favor of what it claims to be best. It differs from the judicial, in recognizing in the body addressed a perfect freedom of choice. The demon- strative deals with our affections ; the judicial appeals to our judgment of right and wrong ; the deliberative calls for the exercise of wisdom in relation to what is useful, what is expedient, what is best to be done. The occasions for the use of deliberative eloquence are now more numerous and important than they ever have been in any previous age of the world. Wherever the will of the people is the law of the land, wherever republican principles prevail to any considerable extent, there deliberative assemblies must often be convened. In our own country, accordingly, they abound in every quarter, and consider every topic of common interest. The Congress of the United States is a de- liberative assembly. The Legislatures of the several States are deliberative assemblies. Every town meet- ing, every county gathering, every State or National Convention, every association of persons, whatever the purposes of the association, constitutes a deliberative assembly. In all these, propositions are submitted for consideration, discussed with freedom, and received, or rejected, according to the will of the body. The variety of interests involved in the transactions of bodies of this nature, and the necesshy of preventing party sway and hasty action, render it important for every one to be ready to exert a wholesome influence in 16 WHAT IS A GOOD DEBATER? their deliberations. Few men, comparatively, ever have opportunity or inclination to exercise their talents in the composition and delivery of set orations or lectures adapted to particular times and occasions. But to speak in a deliberative assembly, to enlighten and sway the minds of men engaged in the consideration of momentous affairs, may be the lot of every one. Hence, every man owes it to the community in which he lives, no less than to his own honor and interest, to fit himself, as far as may be, to discharge this most im- portant duty. From this brief survey of the nature and extent of deliberative eloquence, may easily be inferred the qualifications proper to be sought by him who aspires to the character of a good debater. In certain general qualities he must, of course, share with the orator in every other field of oratory. He must, for example, be accounted an upright man ; for otherwise his arguments, however forcible, his illustra- tions however clear, his delivery however graceful, will all suffer under the withering influence of a want of confidence. Integrity of character is, indeed, the capital quality — the " wisdom better than rubies ; and all things that may be desired are not to be compared with it." He must have the requisite natural gifts, and these must be cultivated with care and assiduity ; for no fertility of genius, no powers of voice, no volubility of tongue, no grace of gesture, can ever atone for the absence of culture and discipline. Labor is the price of eminence in the fields of eloquence, as in every other honorable vocation. WHAT IS A GOOD DEBATER? 17 He must have full control of himself, and a becom- ing respect for the feelings of others ; for whatever may be the honesty of his intentions, the discipline of his intellectual powers, the treasures of his mind, or the fascinations of his oratory, if his temper be bad, his manner assuming, or his tone dictatorial, his success, in any and every line of speaking, must be seriously hindered. There is a mysterious charm in good na ture, a certain irresistible attraction in every evidence of modesty, benevolence, and forbearance, which, in a public assembh r , is often found more effective far than the most commanding talents. But, in addition to those general qualifications which the good debater has in common with genuine orators of every description, there are others that be- long peculiarly to his position and circumstances. Several of these, being the most important, we shall here specify and commend to the reader's attention. 1. He must, tJten, first and last, always endeavor to gain the good will of his audience : remembering that persuasion is the only power at his command, and that the will of the assembly is the ultimate tribunal. In orations of the demonstrative kind, the orator may, with no little confidence, put his trust in wit, in humor, in mere novelty, in beauty and sublimity of thought, in fe- licities of diction and in graceful postures and attitudes ; for his hearers are, for the most part, in a mood to be pleased, and are not to be called upon by a decisive vote to determine the merits of his performance. In speeches of the judicial kind, the speaker is fully justified in relying solely upon the making out of his case. If that which is alleged, is fully proved, he is lb WHAT IS A GOOD IEBATEE? entitled to a verdict in favor of his client, and neither judge nor jury have either right or power to deny it. But it is not so in deliberative bodies. The delib- erative orator often addresses those who are well, or ill affected towards a cause, because they are well, or ill affected towards him who advocates it. And, since it is altogether optional with them to adopt, or reject what he recommends, it is of the utmost importance, that he should not lose the influence that ever accom- panies a speaker who is regarded with kindness by his auditory. 2. He should be quick to discern those motives most likely to sway his auditors; otherwise his appeals will be powerless, because misdirected. There is a passage in the dialogue between Cicero and his son, quite pertinent to the present occasion, which, says a great and good man,* " I recommend, as the truly paternal advice of a father to his child." The passage is this : " The discourse must be accommo- dated, not only to the truth, but to the taste of the hearers. Observe, then, first of all, that there are two different descriptions of men ; the one rude and ig- norant, who always set profit before honor; the other polished and civilized, who prefer honor to every- thing. Urge, then, to the latter of these classes con- siderations of praise, of honor, of glory, of fidelity, of justice; in short, of every virtue. To the former present images of gain, of emolument, of thrift ; nay, in addressing this kind of men, you must even allure them with the bait of pleasure. Pleasure, always hos- tile to virtue, always corrupting, by fraudulent imita- * John Qumcy Adams. WHAT 13 A GOOD DEBATER? 19 tion, the very nature of goodness herself, is yet most eagerly pursued by the worst of men ; and by them often preferred not only to every instigation of honor, but even to the dictates of necessity. Remember, too, that mankind are more anxious to escape evil, than to obtain good ; less eager to acquire honor, than to avoid shame. Who ever sought honor, glory, praise, or fame of any kind, with the same ardor that we fly from those most cruel of afflictions, ignominy, con- tumely, and scorn? Again; there is a class of men, naturally inclined to honorable sentiments, but cor- rupted by evil education and vitiated opinions. Is it your purpose, then, to exhort or persuade, remember that the task before you is that of teaching how to ob- tain good, and eschew evil. Are you speaking to men of liberal education, enlarge upon topics of praise and honor ; insist with the keenest earnestness upon those virtues which contribute to the common safety and advantage of mankind. But, if you are discours- ing to gross, ignorant, untutored minds, to them hold up profit, lucre, money-making, pleasure, and escape from pain. Deter them, also, by the prospect of shame and ignominy; for no man, however insensible to positive glory, is made of such impenetrable stuff, as not to be vehemently moved by the dread of infamy and disgrace." To the same end, Quinctilian observes : " Now, there is no difficulty in persuadmg the virtuous to follow virtuous measures. But, if we are to plead for such measures before men of abandoned principles, we are carefully to avoid all appearance of reproaching them for the contrariety that there is between the measures 20 WHAT IS A GOOD DEBATER? and their character. For we are not then to think of winning their assent by expatiating upon the beauty of virtue, which never comes into the thoughts of such men ; but we are to work upon them by the glory and the popularity that will attend their pursuing such a measure ; and, if they look upon those but as empty sounds, we are then to lay before them the great profit which will thereby arise to themselves, and to mag- nify the dangers which may attend their doing other- wise. For the more worthless man is, the more sus- ceptible he is of fear ; nay, I am not sure whether the generality of mankind are not more influenced by the dread of danger than the hope of advantage ; so much more easily and naturally is mankind in gen- eral struck with the notion of what is mean, than of what is noble.' 7 With similar sagacity, and with similar design, the Younger Pliny, in a letter to Cornelius Tacitus, thus delivers his experience. " I have ever found," says he, " the judgments of mankind are to be influenced by different modes of application ; and that the slight- est circumstances frequently produce the most impor- tant consequences. There is so~ vast a variety in the dispositions and understandings of men, that they seldom agree in their opinions concerning any one point in debate before them ; or, if they do, it is gen- erally from the movement of different passions. Be- sides, as every man naturally favors his own discov- eries, when he hears an argument urged, which had before occurred to himself, he will certainly embrace it, as extremely convincing. The orator, therefore, should so adapt himself to his audience as to throw WHAT IS A GOOD DEBATER? 21 out something which every one of them, in turn, may receive and approve, as conformable to his own par- ticular sentiments," In acting upon the advice of these great authorities, it need hardly be said, since the limitation will be ob- vious from the nature of the case, that the young orator is not advised to appeal to the motives of his hearers, whether high or low, in order to urge upon them what is wrong, but that having what he believes to be a good object, he may appeal to any and every suitable motive to influence men to seek that object. 3. He should he a man of general intelligence. This is true undoubtedly of orators in every line ; but the remark has peculiar force and significance, when made in reference to him who desires to figure well in a deliberative assembly. If we consider the multiplicity and diversity of the subjects acted upon in bodies of this kind, we can hardly estimate the importance of wide general infor- mation in a debater. With him no kind, or item of knowledge, is without a practical value. To-day he may be in a village meeting, discussing the expe- diency of making a road or building a bridge ; to- morrow in a convention, arguing the propriety or im- propriety of a change in the Constitution of the State. Now he is busy among the friends of education, as- sembled to consider the ways and means of improving the moral and intellectual condition of the masses ; now he is in some ecclesiastical Synod, or Council, or Convocation, exchanging counsels on matters of high religious concernment ; and now, again, perchance, in Congress, debating questions of law, of tariff, of rev- 22 WHAT IS A GOOD DEBATER? enue, of treaties, of peace, of war, and I know not what all. To him, therefore, what knowledge or learning can be otherwise than exceedingly useful ? To him history is, indeed, " philosophy teaching by examples ;" yield- ing him arguments, facts, and illustrations, always in- teresting and often irresistible. To him not only is that history useful, which is embodied in permanent and well-digested records, but that, also, which is found in the passing events and transactions of the great liv- ing world around him. With him, in a sense singu- larly significant, " knowledge is power." 4. He should aim at simplicity of style, clearness of logic, and earnestness of manner. He may not discard ornament, when it comes naturally, but he is never to be found in search of it. His task is simply to show that something is to be sought, because it is useful, or that something is to be avoided, because it is deleterious. The debater, therefore, must speak plainly, earnestly, feelingly ; he must argue in the manner of a friend, intent upon guarding his neighbor against coming evil, or anxious to secure to him some blessing within the reach of effort. In relation to the thought, he cannot be too careful ; in relation to the mere wording of his thoughts, he must not seem over-anxious. If he is familiar with his theme, he will most probably be fluent in discuss- ing it, and fluency of speech is what especially he needs. But fluency is not finery. No one, it is presumed, will infer from this caution against over-anxiety about verbal grace, during the actual course of debate, that we mean to discourage WHAT IS A GOOD DEBATER? 23 attention to tilings so important as style and dic- tion. Canning's solicitude about turns of expression, Burke's constant application of the file, and Sheri- dan's elaborate choice and arrangement of words, not to mention others equally diligent and fastidious in this respect, give full attestation to the value of ease, elegance, and variety in the use of language.* When the subject and the occasion conspire, as often they will, to render the use of ornate diction and fig- ures of speech appropriate and effective, the delibera- tive orator is at liberty to rise with his topic and soar into the regions of beauty and sublimity. But let him beware of what is called beauty and sublimity of lan- guage, where there is no underlying beauty and sub- limity of thought. 5. He should endeavor to have his thoughts and feel- ings so absorbed in his theme, as to free his delivery from every appearance of being studied and artificial. He that fully understands and ardently feels the force of what he is saying, will seldom be in danger of employing false tones and emphases, or awkward and inappropriate gestures. In these things, nature is the best guide. It will not be understood from this, that we would discourage all attention to vocal modulation, to just- * "There are few circumstances more remarkable," says Sir James Macintosh, " than the small number of Butler's [author of the cele- brated Analogy of Religion to the Course of Nature] followers in Ethics ; and it is, perhaps, more observable, that his opinions were not so much rejected as overlooked. It is an instance of the importance of style. No thinker so great was ever so bad a writer." He that can- not see, in this, reason to look weU to the matter of style, is quite beyond the reach of useful suggestion. 24 WHAT IS A GOOD DEBATER? ness of pronunciation, to proper gesticulation, and whatever else may constitute the requisites of a grace- ful delivery. These are things which, in every con- siderate mind, will always have their due weight. But the error against which we would earnestly caution the young speaker, is that of withdrawing his attention, while speaking, from his subject to himself, busying his mind with the probable effect of his tones or his attitudes, when he ought to be dealing heartily with those emotions and sentiments on which, and on which alone, a truly natural delivery depends. In this connection, we cannot resist the disposition to introduce an extract from a writer, whose opinion in a matter like this, is entitled to the highest considera- tion. It will serve equally for instruction and for en- couragement. " He," (says Whately, the able and elo- quent Archbishop of Dublin,) " who shall determine to aim at the natural manner, though he will have to contend with considerable difficulties and discourage- ments, will not be without corresponding advantages, in the course he is pursuing. He will be at first, in- deed, repressed to a greater degree than another by emotions of bashfulness ; but it will be more speedily and more completely subdued ; the very system pur- sued, since it forbids all thoughts of selfi striking at the root of the evil. He will, indeed, in the outset, incur censure, not only critical, but moral ; he will be blamed for using a colloquial delivery ; and the cen- sure will very likely be, as far as relates to his earliest efforts, not wholly undeserved ; for his manner will probably at first too much resemble that of conversa- tion, though of serious and earnest conversation ; but, WHAT IS A GOOD DEBATER? 25 by perseverance, be may be sure of avoiding deserved, and of mitigating, and ultimately overcoming, unde- served censure. " He will, indeed, never be praised for a { very fine delivery;' but bis matter will not lose the approbation it may deserve ; as be will be tbe more sure of being beard and attended to. He will not, indeed, meet with many wbo can be regarded as models of tbe nat- ural manner ; and those be does meet w r itb, be will be precluded, by tbe nature of tbe system, from minutely imitating ; but be will bave tbe advantage of carrying witbin bim an infallible guide, as long as be is careful to follow tbe suggestions of nature ; abstaining from all thougbts respecting bis own utterance, and fixing bis mind intently on tbe business be is engaged in. " And tbougb be must not expect to attain perfec- tion at once, be may be assured tbat, w r bile be steadily adberes to tbis plan, be is in tbe right road to it ; in- stead of becoming, as on tbe other plan, more and , more artificial tbe longer be studies. And every ad- vance be makes will produce a proportional effect ; it will give bim more and more of tbat bold on tbe at- tention, tbe understanding, and tbe feelings of tbe au- dience, which no studied modulation can ever attain. Others, indeed, may be more successful in escaping censure, and ensuring admiration ; but be will far more surpass them in respect of the proper object of tbe orator, which i- } to carry his point" 6. The next special qualification for a good debater, here to be mentioned^ is perfect familiarity with the rules of Parliamentary practice. Tbe necessity of this quali- fication can never become fully apparent, until one 2 26 WHAT IS A GOOD DEBATEB ? finds himself a real actor in deliberative assemblies. The applications of Parliamentary Law are sometimes not a little intricate. They give rise to the most spirited debates. Very important interests are not seldom involved in discussions of this nature. The deliberative orator, therefore, cannot afford to be ignorant of the recognized rules and modes of trans- acting business in assemblies, whose opinions, and feelings, and votes, it is his wish, and purpose, and interest to sway. It not unfrequently happens, that greater tact, and power in debate, are shown, and re- quired for the satisfactory adjustment of some point of order, than are needed for the fullest development of the main question in controversy. He, therefore, who is ill-instructed in the law and practice of delib- erative assemblies, is obviously ill-qualified 5 at least in one important respect, for his duties on the floor.* 7. Last of all, as, indeed, first of all, he must he a good extemporaneous speaker. This, in fact, has all along been implied, and is absolutely essential to the character of a good debater. Let no one, however, on this account be discouraged ; as though nature had thrown in his way obstacles insurmountable. Ex- cellency of speech is no exclusive gift of genius ; but always, more or less, the fruit of practice. Macaulay, in some critical observations on the great Earl of Chatham, has so confirmed this remark, and, at the same time, so judiciously pointed out certain prominent defects in that .distinguished debater, as to render the passage not a little pertinent in this place. * See more on this subject in Sect. IV, page 63. WHAT IS A GOOD DEBATER ? 27 " He was," says that able critic, u no speaker of set speeches. His few prepared discourses were complete failures. The elaborate panegyric which he pro- nounced on General Wolfe, was considered as the very worst of all his performances. i No man,' says a critic who had often heard him, ' ever knew so little what he was going to say.' Indeed, his facility amounted to a vice. He was not the master, but the slave of his own speech. So little self-command had he, when once he felt the impulse, that he did not like to take part in a debate, when his mind was full of an impor- tant secret of State. * I must sit still,' he once said to Lord Shelbourne on such an occasion ; l for when once I am up, every thing that is in my mind, comes out.' 11 Yet he was not a great debater. That he should not have been so, when first he entered the House of Com- mons, is not strange. Scarcely any person had ever become so without long practice and many failures. Indeed, it would be difficult to name any great de- bater, except Mr. Stanley, whose knowledge of the science of parliamentary defense resembles an instinct, who has not made himself a master of his art at the expense of his audience."* But, as this art is one which even the ablest men have seldom acquired without long practice, so is it one which men of respectable abilities, with assiduous and intrepid practice, seldom fail to acquire. It is singular that in such an art, Pitt, a man of splendid talents, of great fluency, of great boldness — a man whose life was passed in parliamentary conflict, — * For reference to the case of Mr. Fox, to which, also, he alludes, eee page 58 of this volume. 28 WHAT IS A GOOD DEBATER? should never have attained to high excellence. He could, indeed, treasure up in his memory some de- tached expression of a hostile orator, and make it the text for sparkling ridicule or burning invective. Some of the most celebrated bursts of his eloquence were called forth by an unguarded word, a laugh or a cheer* But this was the only sort of reply in which he ap- pears to have excelled. His merit was almost en- tirely rhetorical. He did not succeed either in exposi- tion or in refutation; but his speeches abounded with lively illustrations, striking apophthegms, well-told anecdotes, happy allusions, passionate appeals. But that which gave most effect to his declamation, was the air of sincerity, of vehement feeling, of moral ele- vation, which belonged to all that he said." How fitting, then, in this place, are the words of Goethe : — " If feeling does not prompt, in vain you strive. If from the soul, the language does not come, By its own impulse, to impel the hearts Of hearers with communicated power, In vain you strive, in vain you study earnestly, — Toil on forever, piece together fragments, — Cook up your broken scraps of sentences, And blow, with puffing breath, a struggling light, Glimmering confusedly now, now cold in ashes,— Startle the school-boys with your metaphors,— And if such food may suit your appetite, Win the vain wonder of applauding children I But never hope to stir the hearts of men, And mold the souls of many into one, By words which come not native from the heart." SECTION III. EXTEMPORANEOUS SPEAKING. rjIWO opinions, equally plausible and equally errone- -*- ous, are entertained in relation to extemporaneous speaking. One is, tliat this power, wherever possessed, in any eminent degree, is the peculiar gift of nature, and, therefore, absolutely unattainable, except by a favored few. The other is, that whether natural or acquired, confined to a few, or accessible to all, its fre- quent exercise is not only attended with no adequate benefit, but is, generally speaking, a positive injury ; since it generates in the speaker himself habits unfa- vorable to close thinking and accurate composition. The error underlying the first of these opinions seems to be, that of confounding two things essentially dis- tinct — thinking and speaking. He that carefully attends to the operations of his own mind, will not be long in discovering, that when he speaks confusedly and ob- scurely, there is in his thoughts, at the time, a corre- sponding want of order and clearness. This confusion and obscurity of thought may be due to a variety of causes. It is not always traceable to ignorance of the subject, to want of premeditation, or 30 EXTEMPORANEOUS SPEAKING. to an ill-disciplined mind ; though, these will lie found to be the real causes of almost all abortive attempts at extemporaneous speaking. Many a man who has a complete mastery of his sub- ject, and who, in the retirement of his study, would readily clothe his thoughts upon it in appropriate and ven elegant language, finds in the mere presence* of a numerous audience an overpowering cause of derange- ment in his ideas, and a consequent inability to deliver a connected discourse. This result is sometimes expe- rienced from the presence of particular individuals whom we dread as critics, sometimes from a contempt- uous bearing in our opponents,* sometimes from an overweening vanity in the speaker himself, rendering him over-solicitous about the appearance he is making in the assembly, and sometimes from other causes, also, of like accidental nature. Bat further enumeration is unnecessary. It is enough that the sources of * A striking instance of this kind is recorded of Lord Erskine. In the commencement of his maiden speech in the House of Com- mons, "Pitt," says Croly in his Life of George IV., " evidently in- tending to reply, sat with pen and paper in his hand, prepared to catch the arguments of his formidable adversary. He wrote a word or two. Erskine proceeded ; but, with every additional sentence, Pitt's attention to the paper relaxed, his look became more careless, and he obviously began to think the orator less and less worthy of his attention. At length, while every eye in the House was fixed upon him, with a contemptuous smile he dashed the pen through the paper, and flung them on the floor. Erskine never recovered from this expression of disdain ; his voice faltered, he struggled through the remainder of his speech, and sank into his seat dispirited." Thus Erskine, an orator of pre-eminent ability at the bar, whom talents of the highest order in an opponent would rather have en- couraged than disheartened, was utterly disconcerted by the power of contempt. EXTEMPORANEOUS SPEAKING 31 failure in all these and similar cases, lie, not in the ab- sence of natural endowment, but in causes quite re- movable by care, study and effort. In asserting, however, that the power of extemporiz- ing is the gift, not of the few only, but rather of the race generally, we are, by no means, to be understood as affirming the natural equality of all mankind in this respect. Indeed, the great inequality found among men, in facility of expression, is what gives plausibility to the opinion, that while some few possess it in a high degree, to the many it is altogether denied. What we hold is, that all are, by nature, in possess- ion of this faculty ; that it is, nevertheless, more prom inent in some than in others ; but that, like all other faculties, it is capable of indefinite improvement. What a man understands and as he understands, he will be able to express ; whether gracefully or awk- wardly, forcibly or feebly, elegantly or otherwise, de- pends more upon previous culture and discipline than upon any natural endowments whatever. The history of eloquence, in all ages and countries, teems with examples in favor of the position, that not only the power of extemporaneous speech, but all the other qualities engaged in the composition of a genu- ine orator, derive their perfection from study and practice. Such was the confidence of the celebrated Grorgias Leontinus in the efficacy of mental training, as the means of forming a fluent speaker, that he did not hesitate to pledge himself to qualify his pupils to speak extemporaneously on any subject whatever. Undoubtedly his pretensions were- too high. Doubt- less he deserved much of the ridicule heaped upon 32 EXTEMPORANEOUS SPEAKING. him by Plato. But, after all, we must remember, that he was a man of extraordinary ability, that Plato was his rival, and, moreover, that both in Rhetoric, which un- folds the principles, and in Oratory, which displa} r s the practice of speaking well, he was confessedly pre-emi- nent. His testimony, therefore, in the matter under con- sideration, must be regarded as decidedly valuable.* The toils and trials of Demosthenes in the effort to overcome the obstacles lying in his way to oratorical eminence, are familiar to every reader of ancient histo- ry. What he did, and what he suffered, and what, finally, he came to be, in consequence of thus doing and suffering, taken all together, serve admirably to show, among other things, the true source of skill in ex- temporaneous speaking. Demosthenes was, indeed, for the most part, laborious in his preparations ; so much so as to elicit from Pytheas, one of his rivals, and frofri others, the taunting remark, th&t " all his arguments smelled of the lamp"\ But, when the occasion demand- * None of the early rhetoricians had a wider reputation than Gor- gias. Among his pupils was the celebrated Isocrates ; from whose school, says Cicero, as from the Trojan horse, issued a host of heroes. When sent by his countrymen, the Leontinians, at the head of an embassy, to seek the alliance of Athens against the encroachments of Syracuse, Gorgias so charmed the Athenians by the power of his eloquence, that he found no difficulty in securing the end of his mis- sion. All Greece, it is said, united in erecting a golden statue of him in the temple at Delphi. f It is recorded of Demosthenes by his distinguished biographer that he held it to be a duty which he owed to the people, not, as a general thing, to undertake to address them, without duly consider- ing beforehand what he should say. Of Pericles, also, the same wri- ter says, that " such was his solicitude, when he had to speak in pub- lic, that he always first addressed a prayer to the gods, * that not a word might unawares escape him unsuitable to the occasion.' " The EXTEMPORANEOUS SPEAKING. S3 ed, he Lad a habit of mind, derived from the severe disci- pline to which it had been subjected, which enabled him, upon the spur of the moment, "to speak," sa}^s Plu- tarch, "as from a supernatural impulse," and equally to delight and instruct bjhis extemporaneous effusions. In modern times, also, numerous cases have occurred in which, after decided failures in the first attempts at extemporaneous discourse, men have, by resolution and perseverance, equally surprised themselves and their friends in the success which has attended their efforts in this direction. It is well known that even Sheridan, from whom so much was expected, on ac- count of the brilliancy of his career in another sphere, came, in his first speech in the House of Commons amazingly short of those anticipations that had been raised in relation to the figure he w r ould make in a deliberative assembly. But his reply to Woodfall, whose opinion he had solicited respecting the merit of this his first attempt, and who frankly told him, "/ donH think this is your line: you had better have stuck to your former pursuits" is one that announces, with pe- culiar force, the truth which we are here anxious to impress. "It ism me," said he, "and it shall come out of me !" And come out of him it did ; for at it he went, with something of Demosthenian spirit, and his perseverance was ultimately crowned with something of Demosthenian success. This declaration and resolution of Sheridan, so briefly and so forcibly expressed, should arrest the at- conduct of these great men, in this respect, is, or ought to be, not 8 little instructive. Especially should it be remembered, that their solicitude was chiefly about the thoughts, not about the words. 2* 34 EXTEMPORANEOUS SPEAKING. tention of every young man, who finds himself vacil- lating between hope and fear in his aspirations after oratorical ability. Let him accept, with unwavering faith, the doctrine taught in the first clause, — " It is in tne ;" let him take with cool deliberation the resolve 3xpressed in the second, — a and it shall come out of aae ;" and, thereafter, let neither zeal flag, nor energy fail, nor perseverance yield, till that which is within, shall have shown itself without in the form of a ready and effective debater. In relation to the second opinion, cited at the com- mencement of this Section, and there pronounced er- roneous, it should, in the outset, be observed, that whatever influence extemporaneous speaking may be supposed to have in producing habits of indolence, or inaccuracy, it is certain that the practice of writing out discourses beforehand is no necessary safeguard against these unfortunate tendencies. He that is habitually careful and diligent, is not likely to have his habits broken up, but rather strengthened by the exercise of his powers, as an extemporaneous orator ; while he, in whom carelessness and idleness have fixed their abode, has in him two evil spirits, too powerful to be exor- cised by the mere practice of penmanship. Written speeches ought, we should say, to give in- fallible evidence always of care and assiduity ; but he is certainly a listless looker-on in any of the various fields of public speaking, who is not often forced to wonder how people who evidently think so loosely and so lazily, can ever prevail upon themselves to undergo the mechanical exertion necessary to write out a speech. Men often write what is not worth writ- EXTEMPORANEOUS SPEAKING. 35 ing, just as they often speak what is not worth speak- ing. Extemporaneous speaking is not, therefore, to be discouraged, because some persons seem, by the prac- tice of it, to acquire habits of idleness and carelessness in the matter of literary composition. Rather let it be the more earnestly cultivated, in order to the avoid- ance of these very evils ; for, when veil executed, it assuredly argues higher and better culture, and conse- quently, greater industry and accuracy, than belongs, or ever can belong, to the race of literary drones. But the opinion which we are here combating, how- ever erroneous, is certainly plausible. Its plausibility, moreover, is due, undoubtedly, to the experienced fact, that those speakers who are in the habit of seeking improvement in the power of expression, by exercising themselves often in written composition, are always found to be the most ready and effective extemporizers. This testimony in favor of the influence of written upon oral exercises in composition, we cheerfully ac- cept, and cannot find language strong enough to com- mend it to those who are ambitious to excel as de- baters ; for we are here only guarding people against the error of supposing that, because writing conduces, in the highest degree, to accuracy in composition, that, therefore, extemporaneous speaking fc to be re- linquished altogether. Indeed, one of the most val- uable precepts for the acquisition of skill in extempo rizing, as we shall presently see, is systematic practice in reducing our thoughts to writing. But our object, in this part of the present work, is not so much to consider and refute, objections to the 36 EXTEMPORANEOUS SPEAKING. practice of declaiming extemporaneously, as to offer suitable directions for tlie cultivation of that useful art. We hasten, therefore, to direct attention to the follow- ing precepts ; not, however, as embracing every item of instruction applicable to the case, but simply as em- bodying the most prominent and available guidance in this line of intellectual exertion. In delivering these instructions, it is of course as- sumed, that the party receiving them has an, earnest desire to become a good extemporaneous speaker, and is, therefore, willing and ready, as far as may be prac- ticable, to follow them out in a spirit of zeal and per- severance. This is an indispensable preliminary to any sort of success in the matter ; for no idle aspira- tions, no lazy wishes, unaccompanied by resolution and industry, can ever achieve a position worth occu- pying in the arena of public debate. The first rule which we shall here lay down, as con- ducive, if rightly followed, to skill in the use of ex- temporaneous language, is — Endeavor always to think clearly and methodically. Thinking and speaking, as before intimated, are things correlative. They stand in the relation of cause and effect. When, therefore, it is the settled habit of the mind to think in an orderly and perspicuous man- ner, it follows naturally that the tongue, which is under the guidance of the mind, should utter words in a cor- responding style. In order to the efficient application of this rule, let the young speaker often assume, as an intellectual gymnastic, some debatable subject for the exercise of his mental powers. Let him then deal with it as with EXTEMPOKANEOUS SPEAKING. 37 a thing of reality, a question of real life. Let him ac- quire an interest, an enthusiasm, if possible, in its management. Let him survey it as a whole, study it in detail, detect its deficiencies, bring out its excellencies, and hold it up to the light in all possible aspects. Let him consider in how many ways the point which he wishes to make can be presented and defended, and, among these, which is the most likely to be fully un- derstood, and fairly appreciated. When all this is done in the mind, let him try the experiment of putting the whole process into extem- poraneous language. The result will be the measure of his proficiency in the art ; and, if rightly regarded, cannot fail, at every repetition of the exercise, to prove a healthful stimulus to renewed exertion. The second rule is — Be in the constant habit of seeking the best possible language for the expression of your ideas, even in ordinary conversation. As the best school of practical morals is the society of moral people, so the best exercise in oral expression is conversation with refined and educated persons. The converse of this statement is also painfully true. " Evil communications corrupt good manners," says the Apostle ; and some one has aptly added — " and good language too!" He, therefore, who aims to be a good deliberative orator, must be ever equally on the alert to catch what is choice and correct, and to avoid what is vulgar and inaccurate, in his daily intercourse with others. It is not enough to exercise particular care on particular oc- casions. It must be a thing of habit, growing out of a settled purpose to be superior in the power of speech 38 EXTEMPORANEOUS SPEAKING. The tliird rule is — Read often and carefully the best specimens of deliberative eloquence. An intelligent application of this rule requires that the student should become familiar with many particu- lars bearing upon what he reads. "What is the precise nature of the proposition which the speaker advocates or opposes ? "What are his own personal relations to it? What is the character or constitution of the body whom he addresses? What the time, the place, the circumstances, wherein the speech was delivered ? All these and other kindred inquiries he should make, in order to put himself duly in sympathy with the par- ties originally and really interested in the case. Then let him observe accurately the speech itself; its opening, the order and relative force of the several arguments adduced, the skill displayed in evading or obviating objections, the pertinency of the illustrations, the facility and naturalness of the transitions from one topic to another, the closing remarks or peroration, and, throughout the whole, every grace and every ele- gance in the structure of individual sentences or pas- sages. The fourth rule is — Exercise your powers often in the practice of written composition. " Writing," says Lord Bacon, " makes an accurate man/' and this is the testimony of every scholar. The rule, however, which we are now commending, has several modes of application. If the student is ac- quainted with any language other than his vernacular, one of the easiest applications of the present rule is the translating of passages out of that foreign language into his own. Every sentence thus translated is an ex- EXTEMPORANEOUS SPEAKING. 39 ercise, however brief, in English composition ; a fact which accounts for the greater facility in the use of language, which boys who have studied, even for com- paratively short periods of time, the Latin and Greek languages, than is found in the possession of those who are without that advantage. He, however, who knows no other than his native tongue, may adopt, with the greatest benefit, a custom, commended and adopted by Cicero and other great speakers, in their youth, — that of reading carefully a passage from some great oration or other literary com- position, getting the substance of it fairly in the mem- ory, and then putting it again into language the best you can command. There is, also, another way of reaching the result contemplated in this exercise, which the author of these observations has often found singularly efficient, in the prosecution of his duties as a practical educator. It is simply to place before the learner a given passage from a writer of established* reputation, and then to require him to express, in words other than those of the author, the same idea ; that is, neither more nor less than what is found in the passage assigned. This is an admirable method of acquiring precision of style, on which depends, in great measure, every other excellence of composition. But a higher application of the present rule for the cultivation of skill in speaking, is that which obliges the young orator to engage frequently in the practice of original composition. In this, if he would be pro- ficient, he must study to bring into actual and appro- priate use those essential principles and precepts which, under the imposing names of Grammar and Ehetoric, 40 EXTEMPORANEOUS SPEAKING. all terminate at last in justifying that brief definition of a good style, — " proper words in proper places." By the due application of this rule, whether in one or in all of the ways above indicated, the mind be- comes habituated to close and accurate thinking, fa- miliar with various forms of expression, and ready, when the occasion demands, to display its resources in fluent and forceful language. The fifth and last general rule which we shall here give for acquiring superiority in extemporaneous speaking, is — Be always diligent in the acquisition of knowledge. The aim of this rule is especially to reach the case of those who, relying upon a certain natural readiness of utterance, are but too apt to fall into the deplorable habit of undertaking to speak without having any- thing in particular to say. He that fails from this cause, deserves to fail ; for he equally deceives him- self and his audience ; mistaking sound for sense, and raising expectations which he is not able to satisfy. A glib tongue in an empty head is no common calam- ity. There is no kind of knowledge, as before intimated, which may not be useful to the deliberative speaker. Such is the variety of the questions which he may find it necessary or desirable to discuss, that no mental treasures, however extensive or diversified, can exceed the limits of his actual wants. It was no mere fancy that led the ancients to adopt the principle, that the genuine orator should be com petently acquainted with every department of knowl- edge. Not that, even in their day, the orator could be EXTEMPORANEOUS SPEAKING. 41 expected to be a man of universal knowledge, in any such sense as includes and necessitates a minute and profound acquaintance with all the various and com- plicated branches of human learning. This, if not then, certainly now, would be quite out of human power ; but there is an important sense in which this theory of universal culture is unquestionably true. Let the standard be high, whatever may be our defi- ciencies in reaching it. The perfect orator is, indeed, the rarest of human characters. It is seldom, in the lapse of ages, that all those qualities that must conspire to produce this character are found to unite in a single individual. In voice, in person, in genius, in knowledge, in fluency, in everything that can influence the eye, the ear, the heart, or the head, he must be pre-eminent. Few, therefore, very few, can ever hope to attain to the glory of being perfect orators ; but all, or nearly all, it cannot be too often repeated, may, by persever- ing and judicious practice, become ready and effective speakers. " Wherefore let every young man," (glad am I to be able to give this word of encouragement in the language of so great a master as Quintilian,) "nay, let us, of every age, — for it is never too late to do well, — apply ourselves with all our minds in this direction, in this laboriously make effort. Who knows but success may crown our endeavors ? For, if nature hinders not one man from being virtuous, and another from being eloquent, why may not one man attain unto both ? And why may not every individual hope to be just that man ?" SECTION 1Y. DEBATING SOCIETIES. THVERY age and country, blessed with, any tincture ■M of literary culture or philosophical spirit, has had its meetings or conferences, under some name or other, for free discussion. Oral discussions were among the earliest and most effective means of eliciting truth and diffusing knowledge. In all the schools of all the various philosophical sects of antiquity, open dispu- tation was the favorite method of testing the sound- ness of theory, and detecting the disguises of error. What mighty changes, social, civil and religious, not only in ancient, but in modern times as well, have grown out of these apparently transient conflicts of opinion. How many master minds have, in this way, and in this way alone, first felt a real consciousness of that strength, which afterwards made them illus- trious. Debating is decidedly one of the best means of edu- cational discipline. And debating societies, it may be added, are among the best fields for its exercise. This may seem an extravagant statement ; for the history of societies of this sort frequently presents little be- DEBATING SOCIETIES. 43 yond a record of desultory doings, devoid of serious or elevated purpose, unsupported by proper prepara- tion, and, in short, without any aim, study, process or result beyond the requirements of an ordinary pas- time. With such associations, therefore, as a general thing, we connect the idea of amusement, often that of dissipation, rarely that of improvement. It is no part of wisdom, however, to look upon them with an eye of discouragement or disappro- bation. They are capable of splendid service in the cause of education ; and not only splendid, but pecu- liar, — a service, in fact, for which there is no sufficient substitute. We find, indeed, for them no fixed posi- tion in the ordinary routine of scholastic training. Yet they spring up spontaneously, as it were, and cling around our higher institutions of learning : en- couraged, it maybe, but not enjoined, — guarded rather than governed by those in authority. There are thousands of such societies, however, far removed from any seat of learning. These, with few exceptions, owe their origin to a laudable ambition. Those composing them desire to excel, or, at least, to acquire passable skill in the art of debating. Societies, so formed, immediately become educational establish- ments; for they are, in fact, schools for mutual in- struction. They should elicit the warmest sympathy, because they deserve it. Consisting, for the most part, of persons who have either wanted or wasted opportunities of early educa- tion, and who, under the stimulus of noble aspiration, long to make the present atone for the past, who are anxious, in a word, to be something more than mere 44 DEBATING SOCIETIES. "hewers of wood, and drawers of water," they have a claim to cordial encouragement too clear to require advocacy. Many things, no doubt, are said and done in these societies, which are offensive to good sense and good taste. The exhibitions of ignorance, conceit and fri- volity, there often witnessed, shake the confidence of spectators, and provoke the prayer, — " wad some power tne giftie gie us To see oursels as ithers see us ! It wad frae monie a blunder free us, An' foolish notion." Yet, whatever their faults, they are as nothing, com- pared with their capabilities of usefulness. Many considerations induce this belief, of which these four are the most prominent, — First: — they are, when rightly managed, the best schools of Logical Disputation : Secondly: — they furnish the best opportunities for the practice of Deliberative Oratory : Thirdly ; — they necessitate the acquisition of a great Variety of useful Knowledge : Fourthly : — they lead to familiar acquaintance with the practice of Parliamentary Law. The first of these four considerations is founded on the assumption, that logical disputation is, or ought to be, among the branches essential to a complete educa- tion. By this, however, we mean not, as some might suppose, that sort of disputation, which begets a cap- tious rather than a critical spirit, and, therefore, pro- duces ready wranglers, instead of ripe debaters. The DEBATING SOCIETIES. 45 thing here intended, is logical disputation ; — disputa- tion begun, continued and ended in the spirit that befits the sober investigation of truth, — disputation which courts the guidance of reason, which ignores the dominion of pride, passion and prejudice, — disputation which diligently seeks the real, which ever underlies the merely phenomenal, — disputation which limits its efforts only by the discovery of fundamental principles, or by those barriers beyond which human intellect is found unable to make its way. T7e certainly mean not to encourage captious caviling, which is an abuse of reason ; nor idle logomachy, which is an abuse of words; nor angry altercation, which is an abuse of feeling. What we commend, is a free, fair and vigor- ous exercise of those rational powers, whereby the race is so remarkably distinguished, and which, being capa- ble of indefinite improvement, we are bound in duty to cultivate to the utmost. Thus understood, logical disputation is a noble art. It is the very touchstone of truth — the safeguard of the mind. By it we are led to sift, to weigh, to com- pare, to analyze. By it we are taught to avoid partial views and hasty conclusions ; to measure with others, and, under the force of active competition, our own strength, and so to find the level that forbids an over- weening confidence. By it w r e are guarded equally against the snares of sophistry and the assaults of dog- matism. By it, in brief, we acquire the invaluable habit of "proving all things, and holding fast that which is good." But logical disputation, like every other art, derives its perfection from culture. It rests upon the basis of 46 DEBATING SOCIETIES. a science, which deals deeply with the fundamental laws of thought, and discloses the nature of that mental process, according to which all reasoning appears to be conducted. Yet, happily, no one has need to des- pair of attaining skill in the art of logical disputation, merely because he is little versed in the abstrusites of logical science. Nothing is more common than profi- ciency in practice coupled with deficiency in theory. Men reasoned, and often reasoned well, long before the time of the illustrious Stagirite. Not the least, indeed, among the many proofs of beneficent design in the all- wise Maker of man, is the remarkable fact, that He has made superiority in art possible even to those who have no claim whatever to profundity in science. " Considered merely as an intellectual feat," says Macaulay, " the Organum of Aristotle can scarcely be admired too highly. But the more we compare indi- vidual with individual, school with school, nation with nation, generation with generation, the more do we lean to the opinion, that the knowledge of the theory of Logic has no tendency whatever to make men good reasoners." We cannot resist the temptation to add to this testi- mony of Macaulay, that of Dr. Whewell, who in a Lecture on Intellectual Education, thus speaks : — "The study of Logic is of great value, as fixing atten- tion upon the conditions of deductive proof, and giving a systematic and technical view of the forms which such proofs may assume. But, by doing for all sub- jects alike, it produces the impression that there is a close likeness in the process of investigation of truth in different subjects ; closer than there really is. The DEBATING SOCIETIES. 47 examples of reasoning given in books of Logic are generally so trifling as to seem a mockery of truth - seeking, and so monotonous as to seem idle variations of the same theme." We shall be quite misunderstood, in the drift of these observations, should any one thence get the im- pression, that they are intended to discourage the study of Logic, as a science. He that aspires to the charac- ter of an accomplished disputant, if not utterly devoid of all natural qualifications, will not fail to perceive, in the study of systematic Logic, many important uses. It would certainly be great folly to let slip the oppor- tunity ; if afforded, of becoming familiar with the re- sources of that science. But greater folly still would it be, where the opportunity is wanting, to sink down under the weight of that deficiency, and so give up all hope of useful or honorable attainment. But the importance of the art being fully conceded, it may still be inquired whether debating societies offer the best facilities for acquiring skill in the use of it. Disputation, to be useful, must be orderly. Where each person is at liberty to take his own course, subject, that is, to no restraint not self-imposed, extraordinary, indeed, must be the moderation of that company of youth, in which debate, if at all earnest, would not be more likely to become the source of strife than the channel of truth. For this reason, among others, we have less confi- dence than many, in what is called the Socratic method of reasoning. That method, as is well known, de- rives its name from the illustrious person who habit- ually adopted it in his philosophical discussions. It 48 DEBATING SOCIETIES. consists in propounding to your opponent a series of questions, wherebj^, through the adroitness of the querist, he is unexpectedly bound fast by his own concessions, to some previously denied position or conclusion. It is claimed for this mode of reasoning, that it is superior to all others, because it has all the ease and sprightliness of common conversation, — because it quickens attention, and keeps up a certain vital inter- est, — because it is free from the restrictions of formal debate, and because it leads one into correct conclu- sions, while, at the same time, compelling him to a severe exercise of his intellectual powers. There is, doubtless, considerable force in these suggestions. Where, especially, you have a wily, wordy opponent to deal with — one of those slippery spirits, to find whose real position is, — " Like tracing life through, creatures you dissect, You lose it in the moment you detect," — this closely-cornering process of question and answer is a most excellent contrivance. But, after all, good as it is for particular purposes, it appears to us not a little objectionable, as a means of discipline, and even as a means of producing con- viction. If you would convince the understanding, you must offer no violence to the feelings. But how . could you more effectually do this than by surprising your opponent into the toils of a wily logic ? In so doing, you do, indeed, gain a temporary triumph ; you do, indeed, it may be, silence for a moment, the tongue of sophistry or conceit. But you do more than that; you generate a brood of antipathies ; you shut up the DEBATING SOCIETIES. 49 avenues of truth to the soul of your adversary, and make him (possibly many who sympathize with him) reject truth, because he rejects you as the medium of it. Even in the most judicious hands, this method is liable to ultimate in dissension. The dispute between Socrates and Protagoras, recorded by Plato, is a case in point. Socrates, in the midst of a highly respectable company, was plying with singular felicity his famous process of interrogation. He had already gained ad- mission after admission, till, at length, the subtle sophist was forced into a position diametrically opposite to that which he had occupied in the outset of the discussion. Protagoras sought refuge in diffuseness. Socrates insisted upon brevity. The former became impatient of what he thought to be improper dictation ; the latter, professing to be unable to follow long speeches, refused to proceed unless his demand should be complied with. Then, suiting the action to the word, Socrates rose ab- ruptly to depart. Hereupon, the master of the mansion, a wealthy Athenian, who w T as deeply interested in the discussion, eagerly seizes him by the hand, and finally prevails upon him to remain. The altercation, however, pro- ceeds. Several of the company undertake to mediate. One urges the distinguished disputants not to quarrel, but to argue. Another, who is called " Hippias, the Wise," after alluding to the disgrace that must certainly attach to an angry altercation between two such per- sons, on such an occasion, and in such a place, offers a suggestion which, whether he was wise in other respects or not, indicates a fair appreciation of the difficulties 8 50 DEBATING SOCIETIES. of an unregulated debate. " Be persuaded," said he, 11 by me to choose a Moderator, President, or Prytanis, who will oblige you to keep within moderate bounds on either side." It is substantially this advice which we are here la- boring to impress. Not that we would disparage the Socratio method as such. That method, as before inti- mated, has its appropriate place and its appropriate uses. In those ancient philosophical conferences, for example, where one leading mind conducted, as it were, the reasonings of the rest, it had a certain fitness, a sort of class-room brevity and directness, which belongs rather to schools under the authority of a master than to assemblies of equals engaged in public and formal discussion. It was good at Tusculum, but ill suited the Senate. The opinion, therefore, entertained by some, that a far better exercise of the reasoning powers may be se- cured from conversational discussions, in which the method of Socrates is predominant, than from any dis- puting societies, however organized or managed, is one in which we find ourselves quite unable to concur. For such young men, generally, as most need and seek this kind of improvement, it would, we are assured, work unfortunately in many ways. It would, as we have already seen, even in the best hands, often be fatal to that freedom from angry excitement which is so essential to the right exercise of intellectual force. It would, in some, beget insuperable timidity and aver- sion, because of its operating like a trap to the under- standing, and subjecting one to the mortifying neces- sity of convicting himself. In others, it would be apt DEBATING SOCIETIES. 51 to create the idle and pernicious habit of dealing (to use the language of Boyle) in " those dialectical sub- tleties which are wont much more to declare the wit of him that uses them, than to increase the knowledge or remove the doubts of sober lovers of truth.' 7 In others, again, — the lookers on — its effect would be, not unfrequently, to breed a love of the process, as a sort of literary sport : affording pleasure for the same reason, and of much the same nature, as that which gives birth and zest to pugilistic encounters. Very different, though not altogether free from abuse, as we know, is the practice of oral discussion under the forms and rules of an organized body, where each speaker has the right and the opportunity to pre- sent, explain, enforce, and defend his own views in his own way. Law is there, however, as well as liberty. In a well-ordered debating society, as in a well-ordered political community, the liberty of the whole is secured by the partial restraint of each individual. There error is, indeed, left perfectly free to choose her posi- tions, and to employ her weapons, whatever they may be, unfettered by modes of warfare dictated by her antagonist ; but there, too, truth is permitted to appear on the same equal terms, the only vantage-ground which she ever asks or needs. This union of law and liberty, which can be rightly realized in such an organization only, is, morever, highly conducive to habits of close and orderly think- ing — the indispensable element of all worthy attain- ment in the art of disputing. It presents an arena in which all may have practice with fair hope of suc- cess, but in which eminence is never gained but by 52 DEBATING SOCIETIES. severe intellectual exertion. One's sense of responsi- bility is fully awakened for the character of the thoughts which he utters. If they be obscure, super- ficial, incoherent, or irrelevant; if they be clear, pro- found, consistent, or pertinent; if they be — aye, what- ever they be, his intellectual standing is fixed in the minds of his auditors. Here is something to excite to generous ambition, and that ambition fails not to excite care, caution, and diligence. Here is a company of critics in critical conference. They come not to discuss the merits of parties without, but to canvass freely the claims of one another. Here is an intelligent, at least, an inquisitive, public opinion to be met, and he is ca- pable of no exalted station in the world of eloquence, who is wholly insensible to its influence. In circumstances like these, a young man of any promise soon comes to discern the value of profound and patient thought, close investigaion, rigid analysis, and careful deduction. These come to be indissolubly connected with the idea of a good debater ; while mere words, tones, gestures, however fluently uttered, how- ever gracefully managed, fail utterly to secure solid and enduring reputation. If his aspirations be at all worthy, and his genius at all worthy of his aspirations, he will be driven irresistibly into the habit of disdain- ing the aids of sophistry, of idle rhetoric, and theatri- cal effect. He may not, and he should not, shun the natural graces of speech and action ; but his reliance for success will, after all, be, where alone it should be, on a manly logic, which is the only possible parent of a manly eloquence. 2. Our second leading consideration in favor of de- DEBATING SOCIETIES. 53 bating societies, as disciplinary agents, is that they furnish the fittest opportunities for the practice of de- liberative oratory. This might be inferred from the very nature of the case ; for what is deliberative ora- tory but that which is employed in deliberative assem- blies ? and what is a debating association but a delib- erative assembly, at least, in miniature ? We take it for granted that no one questions the importance of seeking skill in this kind of oratory. It requires but a very slight survey of the various scenes and objects of its exercise to make this point abundantly clear. Its province is almost unlimited. In Congress, in the State Legislatures, in City Councils, in Town Meetings, in Conventions of the Church, in Synods, in Presby- teries, in organized bodies of every description, civil and religious, literary and scientific, commercial, me- chanical, agricultural, — wherever, in a word, questions are to be discussed, and decided according to the will of a majority, there is the appropriate field for delibe- rative oratory. How vast, then, how varied, how complicated the interests which it involves, and sways, and determines! Alternately the medium of knowledge, the lever oi reason, the magic wand of passion and persuasion, its power over a popular assembly is often past all description. Decrees and dogmas, affecting the inter ests, temporal and spiritual, of whole classes or com- munities, — war and peace, spreading gloom or gladness over populous nations, — authoritative decisions, reach- ing down to the very details of social and domestic life, are often suspended on the tongue of the deliber- ative orator. 54 DEBATING SOCIETIES. Surely, then, debating societies, if they offer any peculiar facilities for the acquisition of skill in this po- tent art, are to be set down among the most useful of educational appliances. But are they equal to this? We have not a doubt of it. They do not, indeed, nor can they supply the lack of academical learning and training. They do not offer themselves as substitutes for study and observation. They promise no exemp- tion from toil, no easy access to oratorical eminence. Nor, on the other hand, do they justify the conclusions of those who seem to think a knowledge of Grammar and Rhetoric, coupled with the customary routine of exercises in Composition and Elocution, quite sufficient to secure, at once, the highest attainable position in the world of oratory. They merely promise to each, ac- cording to his previous culture and mental habits, according to his previous character, in a word, a meas- ure of skill derivable, perhaps, from no other kind of practice. They, therefore, by no means despise or dis- parage the advantages to be secured from books and schools, but verify the observation, often made, that ora- tory from books and schools exclusively, is like many things else from books and schools exclusively ; Medi- cine, for example. It is rather experiment than experi- ence. Think of a man prescribing medicines which he knows only from description, for the cure of diseases which he knows only in the same way, and you have no bad illustration of the course of an unpracticed debater. Debating societies are, indeed, to students of delibe- rative oratory what clinical lectures are to students of Medicine — the sources of actual experience. There is no question proper to be discussed in any deliberative DEBATING SOCIETIES. 55 body, whatever its object or its character, that may not, with equal propriety, be discussed, as an exercise, in such an association. There all the motives that com- monly prevail in assemblies devoted to the transaction of the real business of life, can be brought to bear with equal effect. There every argument, every sug- gestion, every felicity of diction, ever\ r grace of action, every persuasive of every kind, can be as fully tested, as if the society were the Senate of the whole country, or any other great and dignified assemblage. The scene is favorable, in the highest degree, to the development of every order and every diversity of talent. Is logic your sole reliance ? Then reason soundly ; see that every link in the chain of your argument is strong and sure; for they are present, w r ho are eager to find the least flaw, because well they know that from the chain of logic, as from the chain of nature, " whatever link you strike, Tenth, or ten thousandth, breaks the chain alike." Is your appeal to hidden motives discernible, as you think, in the character of your audience ? See that it is such an appeal as does no dishonor to the speaker himself, nor condemns, by implication, those to whom it is directed ; for he that ventures to employ unworthy means, however excellent the end, is most likely to find, in a company of debaters, as everywhere else, if not more than anywhere else, that u honesty is the best policy." Do you put your trust in wit, and irony, and sarcasm ? Be cautious in the use of these dangerous weapons: remembering that often, in such cases, the recoil is far more dreadful than the discharge. Are 56 DEBATING SOCIETIES. courtesy and forbearance the means most to your taste ? Let them be the off-spring of genuine kindness ; for counterfeits in speech and manner, like all other coun- terfeits, are apt to be detected, and if so, bring irrepara- ble defeat upon the counterfeiter. Are you tempted to trust entirely, or mainly, to the efficacy of graceful gestures, expressive tones, pointed emphasis, and other similar aids? Be sure that an orator, without some strong foundation of sense and reason, like a Christian, without some strong foundation of genuine charity, is ever " as sounding brass and a tinkling cymbal." Another important advantage in the exercises of a society of this kind is, that there people soon find their proper level. Temerity takes lessons from caution, timidity learns self-reliance, presumption abates under the check of prudence, and many other features of character exercise a friendly, formative influence one upon another. This wholesome discipline has often been acknowledged by men of the most illustrious rank. It is, especially, the experience, and, therefore, the testimony, of those who, in early life, while yet " Chill penury repressed their noble rage," found, in these bumble organizations, a fostering mother to that genius which, in after years, was able u The applause of listening Senates to command." It would be easy, therefore, to multiply testimonies on this point. Indeed, it would be hard to find a man who has ever achieved a reputation in the field of elo- quence, who is not under obligation, more or less heavy, to the exercises of some debating association. Nor has this obligation been confined to those only, who have DEBATING SOCIETIES. 57 been denied the advantages of regular scholastic edu- cation. The most educated, and the least educated, each in appropriate measure, have experienced the benefit. "We cite few instances, because few are really needed. The celebrated Lord Mansfield, after a full course at Oxford, and even after his entrance upon legal studies, sought improvement in a debating club. Herein were discussed some profound legal questions, questions in- volving many intricate points of law. He entered into these discussions with all the earnestness of real life. He was careful, copious, and thorough every way, in his preparations ; so much so, indeed, that they were found not only adequate to the wants of the occasion, but served, in a high degree, to render him ultimately one of the first jurists of the age. Curran is another signal example. Every thing seemed to be against his cherished aspirations. Awk- ward and ungainly in gesture, hasty and inarticulate in utterance, with a voice naturally bad, he early pro- voked the name of "Stuttering Jack." Since the days of Demosthenes had no man apparently had such ob- stacles to contend with. After completing his college course, and, like Mansfield, entering upon Professional studies, he still persevered in the endeavor to overcome the difficulties lying in his way to success as a public speaker. He, too, sought aid in debating societies. He patiently withstood the ridicule awakened by his ludi- crous, unprepossessing manners. He bore failure with fortitude. He turned air criticism to good account ; and, at length, came to be one of the most effective orators of which any age or country can boast. 3* 58 DEBATING SOCIETIES. Fox, distinguished alike for the good and the bad that marked his strange career, gave a powerful, though unconscious, testimony to the value of debating asso- ciations, when he confessed, as he did, that he had acquired skill, as a debater, " at the expense of the House of Commons." He had made it a point, during the whole session, to speak on every question, impor- tant or not, merely to improve himself in the art of debating ; that is, he had deliberately turned the Brit- ish House of Commons into a sort of debating society for his own personal convenience. What success he ultimately reached, as a deliberative orator, may be learned from a witness no less competent than the cele- brated Edmund Burke, who declared that Fox came, " by slow degrees, to be the most brilliant and accom- plished debater the world ever saw." We take one example more, and that from our own country ; not because we have not many to give, but because he is the type and representative of them all. We refer to Henry Clay, — a name that awakens at once the thought of every thing that is fascinating and forceful in deliberative eloquence. Without wealth, without patronage, without academical discipline, with- out every thing, it would seem, essential to the formation of such a character, he rose, by dint of unyielding per- severance, to be among the princes of eloquence, in a land abounding in the most gifted orators. Henry Clay owned frankly and always his obligations to the exercises of a debating society. 3. But our limits, in the present place, admonish us to pass to the next general consideration which we have named, in favor of associations of this description; DEBATING SOCIETIES. 59 namely, the great amount and variety of knowledge which they induce young persons to be at the pains to acquire. Various are the motives engaged in the production of this result. Pride, vanity, envy, ambi- tion, and many other feelings that usually figure most largely in the service of folly, are here sometimes strangely beguiled into the service of wisdom. Many a soul that never awoke under the discipline of school or college, has suddenly shown, under the spur of de- bate, signs indubitable of the most extraordinary men- tal capacity. Patrick Henry, fomenting disputes among the customers that sometimes met in his store, and, amid these contests, watching with eager interest the play of the passions and the language of emotion, is no solitary example of a mind, naturally indolent, allured into keen and vigorous exercise by the strong stimulus of oral discussion. What matters it, that he had no other motive, or purpose, than the gratification of the passing hour? The effect of the exercise, far from being momentary, reached out into the future, and largely aided in giving him that wonderful com- mand over a popular assembly, which few of all the great speakers, whether ancient or modern, have ever found it possible to acquire. The knowledge thus gained by Patrick Henry was knowledge of human nature — knowledge of those se- cret springs of action, whereby the heart is most easily and profoundly moved, and the will most surely and permanently influenced. Others, under the same stim- ulus, are often urged to extraordinary intellectual ex- ertion in other directions. How many, many hours of patient, persevering toil have been spent in the in- 60 DEBATING SOCIETIES. vestigation of a single point in History, in Law, in Medicine, in Theology, in every department of human knowledge, by persons who, without the motives that ordinarily prevail in spirited contests of opinion, could never have been induced, for a moment scarcely, to sacrifice the ease of indolence to the advantages of learning. But, not to dwell upon the acquisitions necessarily made in the course of elaborate preparations for debate, nor upon the effect of disputation in eliciting latent intellectual power, we have only to consider the infor- mation that must be incidentally given and received, in the progress of a discussion, in order to be satisfied of the utility of these associations as the means of im- parting knowledge. Even those debates which so fre- quently spring up respecting the Cons:itution and By- Laws* of such societies, though often deemed irksome and profitless, are not without a special advantage. Discussions of this kind serve to induce thought respect- ing the nature of those fundamental laws and powers in a community, under which, and in conformity to which, all other laws and powers whatever must be made and exercised. They serve 3S ecially to dispel ° The relation of By-laws to the Constitution is well indicated in the derivation of the term. The term by-law or bye-law is made up c word law, and the Danish by or bye, which means a town : the combi- nation meaning, literally, a to.. - . Hence it signifies, generally, a aaJ, or particular law, made by a corporation or other assoc: ■.- = ulate such of their affairs as are not provided for by the general, or constitutional law of the land. By-laws, therefore, confer no new :s, but rather regulate the exercise of those already in existence. For the form of a Constitution and By-Laws for a Debating Society, see Section XIV. DKRAxmg societies. : that vagueness, which, in so many minds, alw iya - taehes to the idea of a Constitution. They lead careful, often to a critical, consideration of those various i actions and functions indicated, when we speak of Constitutional, Legislative, Judicial, and Executive powers. Many a man, profound!" versed in these things, has been able to trace the first step toward their acquisition to some casual controversy in a de- bjr.iig s: .-irty. Another sort of incidental information often im- parted in the transactions of these societies, is that which grows out of the necessity, so frequently arising, of preparing, in written form, Resolutions, Hep and other documents, which require ability, derivable only from practice, for their prompt and proper execu- tion. It is a mortifying thing, when asked to reduce your Resolution to writing, or, as Chairman of a Com- mittee, to bring in a written report, or, as Secretary of a meeting, to produce a record of its transactions, to be found tardy, awkward, blundering, or altogether inadequate to that service. To those, in particular, whose early education has been neglected, which is prob- ably the :rh the great majority of persons com- posing debating clubs, or literary societies, this highly practical feature of their character ought to be specially interesting. Not, as we havr I :-: : re said or intim:.: that, in the transactions or Zr ases of thes : tions, there will be found a fall and perfect sal ::ute for academical training ; but that, with or without that advantage, they offer such opportunities for the ac- quisition of skill, in this regai san not well be otherwise obtained. This kind of skill is sometimes 62 DEBATING SOCIETIES. invaluable. One can not lielp deploring the figure made in the old Continental Congress, at its first ses- sion, in 1774, even by such men as Kichard Henry Lee, and Patrick Henry, one of whom has been pro- nounced by high authority the Cicero, and the other the Demosthenes, of America. M On the floor of the house, and during the first days of the session, while general grievances were the topic, they took the undis- puted lead in the assembly, and were, confessedly, primi inter pares. But, when called down from the heights of declamation, to that severer test of intel- lectual excellence, the details of business, they found themselves in a body of cool-headed, reflecting, and most able men, by whom they were, in their turn, completely thrown into the shade. 61 A Petition to the king, an Address to the people of Great Britain, and a Memorial to the people of British America, w r ere agreed to be drawn. Mr. Lee, Mr. Henry, and others, were appointed lor the first; Mr. Lee, Mr. Livingston, and Mr. Jay, for the two last. The splendor of their debut occasioned Mr. Hen- ry to be designated by his committee to draw the pe- tition to the king, with which they were charged ; and Mr. Lee was charged with the address to the people of England. The last was first reported. On reading it, great disappointment was expressed on every counte- nance, and a dead silence ensued for several minutes. At length, it was laid on the table, for perusal and consideration, till the next day ; when first one mem- ber, and then another arose, and, paying some faint compliment to the composition, observed that there were still certain considerations not expressed, which DEBATING SOCIETIES. 63 should properly find a place in it. The address was, therefore, committed for amendment, and one prepared by Mr. Jay, and offered by Governor Livingston, was reported and adopted with scarcely an alteration. Mr. Henry's draft of a petition to the king was equally unsuccessful, and was recommitted for amendment. Mr. John Dickinson (the author of the Farmer's Let- ters) was added to the committee, and a new draft, prepared by him, was adopted."* Surely the failure of such men, under such circumstances, ought to be instructive. It ought to impress upon every young man that aims at eminence, however fair his talents as a speaker, the necessity of laying a foundation, deep and strong, in those qualifications which secured to Jay and to Dickinson a glory offered in vain to men who excelled them far in oratorical power. 4. Our fourth and last general consideration in favor of debating associations, as a means of educational dis- cipline, is, that they lead to a familiar acquaintance with Parliamentary Law. This is a kind of education, so to speak, far more valuable than many would ima- gine. It fits one for usefulness, where, without such fitting, all other qualifications are often comparatively useless. It is a source of influence, where influence is every thing ; a defense of the right, where often the right has no other defense. It is a guarantee of order, of decency, of dispatch, of free speech, and of fair de- cisions. The importance of this kind of knowledge will fur- ther appear, if we duly regard the scene of its exercise. There is not upon earth, perhaps, a more interesting * Wirt's Life of Patrick Henry, sect. iv. 64 DEBATING SOCIETIES. spectacle than a dignified deliberative assembly. As Homer's gods never appear more majestic than, u "When Jove convened the Senate of the skies," so men never seem in a sphere more elevated, than when assembled, under the call of duty, for grave and important consultation. They are then in the formal exercise of those high moral and intellectual faculties which are the peculiar endowment of the race, and which form distinctly the lines of likeness between man and his Maker. Not then, like the beasts of the field, are they following the mere instincts and appetites of physical nature; not then, regardless of man's responsibility for man, are they wholly ab- sorbed in schemes of personal advantage; not-then, a frantic mob, are they acting in concert only to appall the hearts of men with a sense of danger, but rather a "multitude of counselors, in which there is safety." Their proceedings, ever regarded with especial interest, because they are the representatives of others, acquire, at times, an overwhelming importance. If the subject before them be great, if the occasion be inspiring, if life, for example, if liberty, be suspended on the deci- sion of the hour, if power, if peril, if clamor from without, combine to stifle the voice of truth and justice, if, in the face of all these, there appear a cool, unquail- ing spirit of right, a fearless, forceful assertion of prin- ciples, there arises at once a scene of moral sublimity, not only awakening elevated emotion, but nerving the arm for heroic achievement, and putting soul in sym- pathy with soul for every good and every great under- taking. DEBATING SOCIETIES. 65 But to form a deliberative assembly, answering at all to the model here indicated, or to any model likely to find favor with wise and good men, the essential element is order. Law that guides the heavenly bodies in their courses, — law that shapes and directs the end- less forms of being upon earth, — law that governs na- tions, and churches, and families,— law whose "seat is the bosom of God, her voice the harmony of the world," is here, as everywhere else, the indispensable condition of safety and success. Every member may be endowed with the finest talents, furnished with every force and with every facility of logic, supplied with ample stores of general knowledge, skilled in all the graces of action and utterance, in short, be the very beau ideal of the perfect orator, and yet, if the body itself be not under the guidance of some known and recognized rules of order, they are, after all, like a ship at sea without chart, compass, or rudder, a melancholy prey to the vicissi- tudes of chance. It is not sufficient merely to have rules. They must be known and observed ; not by a few only, but by all. It will not do in a deliberative assembly, as in the community at large, to leave the knowledge and practice of the law to a particular class of men only. Here, every man is, and must be, his own lawyer. The law with which he deals, like all other laws, has its advantages and its penalties ; and, if he would secure the one, or avoid the other, he must be familiar with its operation. It is not enough to study the theory in Parliamentary Manuals, or to pon- der precedents in particular cases. He must work him- self into the practice. Then, when the exigency arises, he will know how to avail himself of rules and usages, 66 DEBATING- SOCIETIES. and to parry the thrusts of quibbling opponents. Then, when his personal rights and privileges are invaded, when exposed to the assaults of indecorous opposition, when partiality, caprice, or assumption of power not granted, appears in the person of a presiding officer, when tyrannical majorities overleap the limits of right, when lawlessness, in any way whatever, dares to show itself, he has at command every protection that can be afforded by the law r s and usages appropriate to the time, the place, and the circumstances. "Who that has had experience in this direction, has not frequently felt the want of such knowledge ? How often is the ablest logician, the most eloquent speaker, through ignorance of parliamentary tactics, quite thwarted and discon- certed bv some wretched Thersites whose whole ambi- tion is to find fault with his betters, or some scheming tactician whose highest hope is to escape defeat, or se- cure advantage, through dexterous resort to rules and usages ! How often have the most important interests, in legislative and other councils, been put in jeopardy, ruinously delayed, or altogether cut off by want of skill in parliamentary proceedings, where every member, perhaps, intended nothing beyond the most open, prompt, and honest performance of duty! Every consideration, therefore, whether you regard the dignity of the entire assembly, the rights and pri- vilges of individual members, or the vast variety and importance of the interests involved in their doings, points plainly to the utility of a practical acquaintance with those rules of order, that commonly prevail in de- liberative bodies. Nor is it less a matter of duty than a matter of utility. If this be so, if interest and duty DEBATING SOCIETIES. 67 really unite in urging it upon us, where shall we turn for practice in this important line of action, if not to some well-ordered debating association? In such a body, may easily be learned, and many times repeated, almost every form of proceeding within the wide range of parliamentary usage. Here may be acquired, not only that general expertness in the application of known rules and customs, which is everywhere re- quired for the easy, satisfactory transaction of business, but even that tact and adroitness in the use of expe- dients which is the fruit of long and various experience. To secure this result it is only necessary to adopt some recognized code of parliamentary law, to follow rigidly its various provisions, and give them the widest possi- ble range of application. Time will do the rest. Such, in general, are the advantages promised by well-conducted debating associations. One objection only can be urged against them — their liability to abuse.* Against this, where they are purely voluntary, the surest guarantee must be found in the character of those composing them. If they meet as a company of carping, caviling critics, doubting and disputing, be- cause they delight in doubting and disputing, and eager ° "Where debating is recognized and required as one of the regular exercises in a school, even this objection vanishes; for there the pres- ence of the teacher secures it against abuse. In this case, instead of a Debating Society, you have a Debating Class; the teacher, as a general thing, acting as President. It is strange that the capabilities of such a means of discipline should so seldom be tested in our schools, seeing that inquiry is ever on tip- toe, in these days, for new and more efficient modes of developing the human intellect. The very fact that debate necessitates distinctness of aim, and is always prosecuted with lively attention, ought to give it prominence as an educational force. 68 DEBATING SOCIETIES. to enjoy the pleasures of conquest, whether truth or error prevail in the contest, the result will be answer- able to the design. A spirit vain, conceited, skeptical, and full of sophistry, must be the consequence. If they meet with no higher purpose than that of beguiling a weary hour, or courting the pleasure of controversial excitement, the time, though it might be worse spent elsewhere, is still lost, and worse than lost ; for it is occupied ija forming pernicious mental habits. But should a different spirit prevail, should they be so fortunate as to perceive the rare possible advantage of being thus associated, should they be so wise as to pursue that advantage with becoming diligence, how various, how valuable the rewards that must follow ! What sharpening and strengthening of the mental powers, what facility in speaking, what various infor- mation, what improvement every way, may not rea- sonably be expected?* * The spirit here commended has sometimes, indeed, found splen- did advantage, even where there was no club, and when the orator's only auditors were " the horse and the ox " in open field. " I owe my success in life," says Henry Clay, " to one single fact, namely, that, at an early age, I commenced and continued for some years, the practice of daily reading and speaking the contents of some historical or scien- tific book. These off-hand efforts were sometimes made in a cornfield ; at others, in the forest ; and not unfrequently in some distant barn, with the horse and ox for my only auditors. It is to this early practice of the art of all arts that I am indebted for the primary and leading im- pulses that stimulated my progress, and have shaped and molded my entire destiny." SECTION V. MANAGEMENT OF A QUESTION. 1T7HEN" you come into the arena of discussion,* you ' ' are presumed to know precisely the point in dis- pute, the grounds of reasoning on both sides, and the arguments deemed essential to a right decision. This pre-supposes adequate preparation. It presupposes such care in the wording of the question, as to prevent any misconception of its mean- ing ; since nothing is more prolific of vague and idle disputation than imprecision in the use of language. It presupposes such thoroughness, in the investiga- tion of the subject, as to insure a fair estimate of all the claims mooted in the contest, and such satisfac- tion, in your own mind, as to justify you in asking others to accept your conclusions. It presupposes a careful survey of whatever, in your * The derivation of this word points vividly to the process which it is employed to indicate. The direct Latin form is Discussio ; which (through discussum, Supine of discutio), is derived from dis, apart, and quatio, to shake ; implying such a shaking, or sifting of a subject, as best discloses its real character and relations. 70 MANAGEMENT OF A QUESTION. own defenses, appears to be weak or untenable; so that you may be ready to ward off assault, and strengthen your positions, as occasion may require. It presupposes diligence in the endeavor to discern beforehand all such sophistical objections as are likely to be used against you: it being well known, that sophistries unanswered, or lamely answered, have, with many minds, all the effect due to the best of arguments. It presupposes, in the event of your resorting to authorities', such as history, geography, statistics, or what not, the most scrupulous exactness in citation; since any uncertainty or inaccuracy, in this regard, is wholly incompatible with the idea of suitable prepara- tion ; being likely, in fact, to endanger your cause, by exposing you to the imputation of being apt to blun- der, or disposed to deceive. After a preparation such as that indicated in the preceding paragraphs, you may venture with some confidence to make the transition from the sphere of Logic, of which the appropriate office is to aid you in the discovery of truth, into that of Ehetoric, which is chiefly occupied with the means of conveying it forcibly to others. Here the first step is to adapt yourself to your audi- ence. They may be ignorant of the matter in dispute, and so require to be instructed. They may be in doubt, and, therefore, need additional light. They may be sufficiently enlightened, but, after all, entertain just the opposite opinion. In the first case, always, and in the second, for the most part, there is obvious need of proper Exposition. This should be clear, concise, candid, and methodical. MANAGEMENT OF A QUESTION. 71 Clear exposition often gets ahead of logical deduc- tion, and makes it comparatively needless. The dis- putant thus virtually secures his point before he actu- ally goes into the argument. Webster's clear, consist- ent, truth-like statement of a case, often passed for ar- gument in the minds of his hearers ; its very plainness amounting to conviction. Such is the power of mere perspicuity. Conciseness, in exposition, is opposed to every kind of superfluous statement. Exclude, therefore, every thing not directly in the line of your argument, every thing that does not serve to reveal its force and bearing, in a way easily apparent to the common apprehension. Even Burke, whose "arguments, in most instances," says Prof. Goodrich, " consisted of the amplest enume- ration, and the clearest display, of all the facts and principles, the analogies, relations or tendencies, which were applicable to the case," had, nevertheless, in the judgment of the same high authority, this '-chief fault" namely, " that of overloading his sentences with second- ary thoughts, which weakened the blow by dividing it." There are many things worthy of imitation in that great man, but this is not one of them. Candor, in the exposition of a case, not unfrequently wields the force of actual demonstration. Open, frank, ingenuous statement implies strength and confidence in your positions. It operates insensibly upon the hearer, putting him in sympathy with what appears to be fair and honest, and so winning conviction by way of faith. Make every concession, therefore, that facts will allow, and always seem to be sincere. But, in order to seem sincere, you must actually be so. Even 72 MANAGEMENT OF A QUESTION. the suspicion of insincerity is prejudicial, in the high- est degree, if not absolutely fatal, to the influence of a public speaker. Method in statement, also, is a capital virtue. " What is that," says Coleridge, " which first strikes us, and strikes us at once, in a man of education ? and which, among educated men, so distinguishes the man of su- perior mind ? Not the weight or novelty of his re- marks ; not any unusual interest of facts communicated by him ; for we may suppose both the one and the other precluded by the shortness of our intercourse, and the triviality of the subjects. Still less will it arise from any peculiarity in his words and phrases. For, if he be, as we now assume, a weZZ-educated man, as well as a man of superior powers, he will not fail to follow the golden rule of Julius Caesar — Insolens verb- wm, tanquam scopulum, evitare (avoid an unusual word as a rock). There remains but one other point of dis- tinction possible ; and this must be, and, in fact, is, the true cause of the impression made on us. It is the unpremeditated and evidently habitual arrangement of his words, grounded on the habit of foreseeing, in each integral part, or (more plainly) in every sentence, the whole that he then intends to communicate. However irregular and desultory his talk, there is method in the fragments." Now, what is here observed of the practice of an educated man, in the construction of his sentences, namely, his habit of foreseeing, in every sentence, just how each word and clause is to be introduced so as to secure a clear and orderly succession, is precisely what should be observable in the component parts of every MANAGEMENT OF A QUESTION. 73 argumentative statement. Having a definite purpose, have likewise a definite plan. In otter words, have Method ; which, says the same acute thinker, in another place, " supposes a principle of Unity with a progression? But, in every controversy, whatever may be done by exposition, towards removing difficulties, there will always remain, or must be presumed to remain, doubts to be cleared away, and opposition to be satisfied, or, at least, to be silenced. Hence the necessity of a formal exhibition of proofs. One preliminary there is, however, not a little impor- tant, namely, the determining at the outset where lies what is called the burden of proof Young debaters not seldom miss very important advantages by not attend- ing to this. "According to the most correct use of the term," says Whately, "a presumption in favor of a supposition, means, not (as has been erroneously im- agined) a preponderance of antecedent probability in its favor, but such a pre-occupation of the ground, as implies that it must stand good till some sufficient reason is adduced against it ; in short, that the burden of proof lies on the side of him who w r ould dispute it." The principle here involved is strictly conservative. It presumes that what exists or prevails, that is, what already occupies the ground, ought still to maintain possession, till it is shown, by satisfactory evidence, to be without right or title, or good claim of some kind, to hold its place. He, therefore, that makes allegation against anything which already exists under the sanction of custom or opinion, is bound to make good his charge by appeal to argument. Thus, the veracity of a witness, the innocence of a prisoner, or 4 74 MANAGEMENT OF A QUESTION. the soundness of a system is, and of right ought to be, assumed till the contrary is proved. To anticipate assault, by undertaking to establish by proof, what no one has undertaken to overthrow, is to own distrust, and invite suspicion. It will often, indeed, greatly abridge the labor of argument, to settle, at the start, the side whereto belongs the burden of proof. This point being duly settled, next comes the im- portant matter of arranging your arguments to the best advantage. This must be determined by a regard to circumstances, and no little care should be taken in so doing ; for the least reflection will show, what has been well observed by a writer already quoted, Ci that, with an equalitj 7 of forces, in numbers, courage, and every other point, the manner in which they are drawn up, so as either to afford mutual support, or, on the other hand, even to impede and annoy each other, may make the difference of victory or defeat." A very common direction for the arrangement of arguments, is to imitate Nestor in the arrangement of his troops, whose plan was to put some of the best first and last, and to place the rest in the middle. The object of this, of course, is to begin and end with a strong imoression. Another direction is to begin with the weakest, then take the next in the order of force, and close with the strongest. This arrangement is thought to be best suited to an audience disposed to. accept your conclu- sions, but lacking the requisite measure of confirma- tory evidence. Another direction is to set out with an exhibition of your best and strongest proofs, and bring in what MANAGEMENT OF A QUESTION. 75 others you have, in the order of their relative force. This is designed to meet the case of a class of hearers strongly opposed to you. The effort is to command assent at the outset. If it be thought necessary or desirable to make a strong impression at the close, it may be done by repeating your arguments in the reverse order. All the directions hitherto given, have respect to the state of mind found, or supposed, in your audience. But there is another principle of arrangement, which cannot be overlooked without the most serious disad- vantage. It is that which requires the arguments to be arranged in the order of their dependence one upon another. Sometimes an argument of great force de- pends, for its full effect, upon something w T hich has come out in the presentation of some previous proof. Without the light of such previous explanation, it would be almost powerless. The aim must be to find the right place for every proof and every illustration, so that the}' may each and all mutually aid in the production of the desired result. A direction for the arrangement of arguments, some- times quite emphatically given, is to place them in the most obvious and natural order. Now, the most ob- vious and natural order is just that last suggested ; for the order most obvious and natural, to a thinking mind, would certainly seem to be that which best preserves the dependence and connection of the sev- eral parts. These two principles of arrangement, how- ever, — that which regards the state of mind addressed, and that which, respects the natural order of depend- ence, — may often be judiciously combined. Where 76 MANAGEMENT OF A QUESTION. this is possible, it is, of course, preferable ; when it is not, the latter method ought to prevail. But whatever be the order adopted in the exhibition of proofs, there will always be counter arguments to be met and repelled. This gives rise to the necessity of Refutation, an office often demanding in the debater, the greatest possible readiness and address. We there- fore introduce, at this point, some observations that may serve as a guide to the youthful disputant, in the detection and overthrow of fallacious objections. Sometimes the whole force of an objection lies in some misconception or mis-statement of facts. To point out the error, in such case, is not only to work the overthrow of the objection, but to weaken confidence in the objector. This lends to what you say, there- after, the charm of reliability, — no mean advantage in addressing a popular assembly. A fallacy very frequently encountered in the field of controversy, is that which passes under the techni- cal name of begging the question (petitio principii). It consists in quietly assuming the very proposition to be proved, as a premise in the argument which is offered to prove it. Thus, to say that man is mortal, because he is subject to death, is only to say that man is mor- tal, because he is mortal : the proof, and the thing to be proved, being here really identical. So a person is represented as asking why opium induces sleep, and as receiving for answer, because it is soporific. Now, since soporific means sleep-producing, the answer, in substance, stands thus : — Opium is sleep-producing, because it is sleep-producing. In instances such as MANAGEMENT OF A QUESTION. 77 these, the fallacy is easily detected ; but it sometimes assumes forms far more likely to deceive. Near akin to this is another fallacious mode of arguing, called arguing in a circle, or the vicious circle. Thus, — " These facts," says one, "are authentic, since they are found in the narrative, and, therefore, is the narrative itself authentic." Here the facts are declared authentic, because recorded in the narrative, and the narrative authentic, because it records the facts. The vice of the reasoning consists in making two proposi- tions reciprocally prove each other. When the circle is large, so that many propositions or statements inter- vene between the two things thus reciprocally proved, there is often no little difficulty in detecting and ex- posing the fallacy. Thus, one proceeds to prove A by B, and then B by C, and C by D, and closes, per- haps, by proving D by A. Another kind of fallacy, not uncommon, is that which grows out of a misapprehension of the question in dispute, or a purposed departure from it. Thus, if one should undertake to prove that a man must be learned, because he founds a college, or must be pious, because he builds a church, he would proceed upon a total misapprehension of the point to be proved, or a clear design to alter it ; for what necessary connection is there between founding a college, and being a scholar, or between building a church, and being a Christian ? The remedy against this kind of sophis- try, is to restate the point, and fix the mind of the hearer steadily upon it. Mr. "Webster, in his famous reply to Hayne, adopts this course in the very outset of his speech. The passage runs thus : — 78 MANAGEMENT OF A QUESTION. "Mr. President: — When the mariner lias been tossed for many days in thick weather, and on an un- known sea, he naturally avails himself of the first pause in the storm, the earliest glance of the sun, to take his latitude, and ascertain how far the elements have driven him from his true course. Let us imitate this prudence, and before we float farther on the waves of this debate, refer to the point from which we departed, that we may at least be able to conjec- ture where we now are. I ask for the reading of the Resolution." Another sort of sophistry, frequently met with, consists in undertaking to determine the general na- ture or character of a thing ; from some accidental circumstance connected with it, or arising from it. Thus, for instance, religion has sometimes been con- demned, because it has sometimes been made a cloak for fraud. This is arguing against a thing, because of some abuse of it ; a very common fallacy among ignorant people. Another form of fallacy in argument, is found in the act of assigning, as the cause of an event, or trans- action, something which has, in reality, no perceivable influence upon it, or connection with it whatever. This was the fallacy under which labored the friends of Job, who took it for granted that his calamities were the result of some secret wickedness in him. It is the fallacy of those who undertake to impose on the world, by pretending to some supernatural power, or intercourse with supernatural beings. Fallacies often escape detection, because they are buried in a heap of words : the very purpose of the MANAGEMENT OF A QUESTION. 79 disputant being to prolong discussion, or the form of discussion, in order to conceal the underlying sophism. Not un frequently is sophistry made to pass undetected through the medium of some equivocal word, or phrase, and even to achieve its full purpose in sway- ing the decisions of an assembly, before the artifice is discovered. The only safeguard against these, as against all shapes and phases of sophistical reasoning, is to be habitually on the look out for the stealthy approaches of error. In respect to the proper place for refutation, it is obvious that this, like the question of arrangement in the presentation of arguments, must be decided by reference to the circumstances of the case. If very strong objections have been urged by }~our adversary, and these are found to have weight, at the time, with your audience, it is plainly best to begin by answering them ; for, unless this is done, your own arguments will be likely to be heard with prejudice throughout, and, perhaps, with the impression that you purposely overlook them, because they are too much for your strength. If a full refutation of an objection cannot be given till after some argument or exposition, which you propose subsequently to present, announce this fact, and promise to meet it in the proper place." In- deed, unless, as before observed, some strong objec- * The passing over of an objection, with the promise to refute it, at some later point in the course of the discussion, is sometimes most unworthily resorted to, as an expedient to delay, and, finally, to avoid altogether, the answer to a well-founded objection. It is presumed, in the direction in the text, that the debater, being an honest disputant, will not fail, either to fulfil his promise, or confess his inability. 80 MANAGEMENT OF A QUESTION. tions are weighing upon the minds of your hearers, and so preventing you from a fair hearing, it will, in general, be best to bring up and refute objections in the midst of other arguments. If, however, to- wards the close, you anticipate certain objections likely to spring up, it may be wise and politic to state and confute them, before you resume your seat. Here it seems proper to add, that there is no better test of character, in a debater, than that which is afforded by the effort at refutation. The chivalrous knight, in feudal times, was no less distinguished for honor towards his foe, than for valor. Even to the vanquished, he showed the most delicate attentions. The same spirit animates and ennobles the good de- bater. He scorns the meanness, that substitutes per- sonalities for arguments. He scorns the artifice, that secures a temporary triumph, by perverting the senti- ments of an adversary. No vain ambition tempts him to take advantage of opportunities to suppress, to mutilate, obscure, or otherwise misrepresent another in debate. He is above the refinement of cruelty, that indulges in expressions of wonder that an opponent, already conquered, should ever have been so silly, or so ignorant, as to hold the opinions overthrown. He affects not to disdain objections which he has no power to answer ; nor does he treat with contempt, even those clearly within his. ability to refute. In short, he is a gentleman. When, therefore, you meet an honorable man in debate, count it cause of gratitude, and join issue with him in a spirit like his own. If you challenge discus- sion, do it in the sincere desire to elicit truth, and let MANAGEMENT OF A QUESTION. 81 this, your desire, be obvious from your manner. Hear opposition without impatience. Give ample scope for explanation. Lose sight of yourself, — lose sight of your opponent, in the earnest pursuit of your subject. Notice what he says, not what he is. The conquest which you seek, is not over your neighbor, but over his error. Lay your arguments side by side with his, so fairly, so patiently, so courteously, that truth may appear from the comparison, without bringing pain to the feelings, but rather the pleasure that comes of error revealed and repelled. Such a course will, at least, engage every one in your favor, as a man, what- ever may be thought of the weight and conclusiveness of your arguments. Having touched upon most other things that are required for the judicious conduct of a public discus- sion, some notice ought to be taken, it would seem, of what is called the Exordium, and the Peroration. Yet of these it is difficult to say anything likely to be very advantageous ; since circumstances alone can determine, in any given case, what would be appro- priate, either for an introduction, or a close. Here, the speaker, if well prepared in other respects, is best left to his own judgment, and taste, and tact. It may, indeed, be suggested in a general way, that the opening should aim to make clear the path of dis- cussion, by removing obstacles, in the shape of igno- rance, prejudice, or indifference; and that it should be adapted to conciliate the favor of the audience, and so win for the speaker a willing attention. In like manner, we may suggest the propriety of judicious recapitulation at the close, so as to revive, if necessary, 4* 82 MANAGEMENT OF A QUESTION. the trains of reasoning chiefly relied upon for a de- cision ; as also the occasional expediency of resorting to pathos, in order to second the efforts of reason, by timely appeals to the emotional nature. All this, and more than this, we might urge, or commend ; but all this, and more than this, will occur, at once, to every- one otherwise fitted to figure well in open and formal controversy.* * It may serve further to impress the counsels contained in a part of this chap- ter, to quote here Mr. Wirt's fine retort upon Wickham, in the famous trial of Aaron Burr : — " I will," says Mr. Wirt, " endeavor to meet the gentleman's propositions in their full force, and to answer them fairly. I will not, as I am advancing towards them, with my mind's eye, measure the hight, hreadth, and power of the proposi- tion ; if I find it beyond my strength, halve it ; if still beyond my strength, quar- ter it; if still necessary, subdivide it into eighths ; and when, by this process, I have reduced it to the proper standard, take one of these sections and toss it with an air of elephantine strength and superiority. If I find myself capable of con- ducting, by a fair course of reasoning, any one of his propositions to an absurd conclusion, I will not begin by stating that absurd conclusion as the proposition itself which I am going to encounter. " I will not, in commenting on the gentleman's authorities, thank the gentleman, with sarcastic politeness, for introducing them, declare that they conclude directly against him, readjust so much of the authority as serves the purpose of that de- claration, omitting that which contains the true point of the case, which makes against me ; nor, if forced by a direct call, to read that part, also, will I content myself by running over it as rapidly and inarticulately as I can, throw down the book with a theatrical air, and exclaim, — ' Just as I said I' when I know it is just as I had not said. " I know that, by adopting these arts, I might raise a laugh at the gentleman's expense ; but I should be very little pleased with myself, if I were capable of en- joying a laugh procured by such means. I know, too, that by adopting such arts, there will always be those standing around us, who have not comprehended the whole merits of the legal discussion, with whom I might shake the character of the gentleman's science and judgment, as a lawyer. I hope I shall never be capa- ble of such a wish ; and I had hoped that the gentleman himself felt so strongly that proud, that high, aspiring, and ennobling magnanimity, which I had been told conscious talents rarely fail to inspire, that he would have disdained a poor and fleeting triumph, gained by means like these." SECTION VI. RULES OF ORDER m DELIBERATIVE ASSEMBLIES* PRELIMINARY INSTRUCTIONS. 1. WJiat is a deliberative assembly ? A deliberative assembly is an organized meeting of persons convened to discuss, and decide upon, ques- tions or propositions submitted to their consideration. 2. What is meant by an organized meeting ? To organize is to form, or supply with, the proper organs, — that is, with the proper means or instruments of action. When applied to an assemblage of persons brought together for deliberation, it signifies to provide * In this part of the subject, we have adopted the mode of question and answer. This has been done, partly, because it seemed more likely to elicit attention, and, partly, because, where the work is employed as a text-book, such an arrangement can hardly fail to prove highly convenient and useful. Those who may wish merely to refer to particular points, in this or any other part of the book, will be able readily to reach their object, by means of the Index at the end, which has been made, expressly for that purpose, very full and minute. 84 RULES OF ORDER. with suitable officers, and otherwise so to arrange as to give each member a fair opportunity to take due part in the proceedings. 3. What officers are necessary for a deliberative as- sembly ? The officers necessary for a deliberative body are a Presiding Officer* and a Secretary or Clerk; but others may be appointed, according to the exigencies of the occasion, or the special nature of the organization. Thus, there may be one or more Vice-Presidents, one or more additional Secretaries, a Corresponding Secre- tary and a Treasurer. 4. Are the proceedings, in a deliberative assembly, con- ducted in accordance with any particular rules ? All business in deliberative bodies is transacted in conformity with certain rules and regulations, which experience has shown to be fit and necessary for that purpose. These are called Eules of Order. 5. What is the particular advantage of rules of order? The object of a meeting for deliberation is, of course, to obtain a free expression of opinion, and a fair de- cision of the questions discussed. Without rules of * The presiding officer in a deliberative body is variously denomi- nated. In the Senate of the United States, he is the President ; in the House of Representatives, he is the Speaker; in certain ecclesiasti- cal organizations, he is the Moderator ; in ordinary meetings, resulting from a published call, he is styled the Chairman. President is the name most comprehensive, and the one most commonly employed in literary and other societies, in Boards of Managers, and in other simi- lar organizations. PRELIMINARY INSTRUCTIONS. 85 order, this object would, in most cases, be utterly de- feated ; for there would be no uniformity in the modes of proceeding, no restraint upon indecorous or disor- derly conduct, no protection to the rights and privi- leges of members, no guarantee against the caprices and usurpations of a presiding officer, no safeguard against tyrannical majorities, nor any suitable regard to the rights of a minority. 6. Are the rules of order alike in all deliberative as- semblies t The rules of order in our National Congress are es- sentially the same as those in force in the British Par- liament; being, in fact, mainly derived from that source. There are, however, important differences; growing chiefly out of differences in government and institutions. The rules of order in our State Legislatures are sub- stantially the same as those adopted in the National Congress ; being, indeed, founded thereupon. But, as the rules in use in Congress differ, in some respects, from those established in Parliament, so those in the several State Legislatures differ, in some particulars, from those adopted in Congress. And again, as the rules in the several State Legis- latures differ, in some points, from those in Congress, on which they were founded, so do they differ not ^infrequently from one another; though in all the essentials of the common code, they are quite in har- mony. The rules of order in most other deliberative bodies in this country, are, in the main, the same with those 86 RULES OF ORDER. in the National Congress or in the State Legislatures ; so that, in almost all fundamental points, there is great uniformity of practice. Hence, in allusion to the origin of the code of rules and regulations, thus generally established, it is often called the common code of PARLIAMENTARY LAW. 7. Is it customary , in deliberative bodies, to adopt rules other than those embraced in this common code ? It is not unusual for deliberative bodies of every kind, especially permanent organizations, to adopt, in addition to the common code, a series of special rules. These special rules, if, in any particular, they conflict with the ordinary parliamentary laws, always, so far as the body that adopts them is concerned, take the pre- cedence. Where there is no special rule, there, of course, the common law is to be enforced. 8. In what form are the acts of a deliberative assembly usually expressed ? The decisions or resolves of a deliberative assembly, which properly constitute their acts, are usually em- bodied and affirmed in formal declarations, called Resolutions. These Resolutions are, on motion, duly seconded, and stated from the chair, first freely discussed, and then decided affirmatively or negatively by the meeting. 9. What is meant by the phrase ll on motion, duly seconded n f "Whenever a member wishes to get the sense, or judg- ment of the body on any given proposition, and, for PRELIMINARY INSTRUCTIONS. 87 that purpose, moves, or proposes its adoption, lie is said to make a motion. To move a resolution, therefore, is simply to offer it for consideration. But it can never be entertained by the meeting, unless it so far finds favor, that some member other than the proposer gives it his sanction, by becoming his second. To second a motion, then, is to join with the pro- poser thereof, as his aid or second, in offering it to the consideration of the meeting. The party moving the resolution introduces it, with or without previous re- marks, by saying : " Mr. President, I beg leave to offer the following Resolution ;" which, he then reads aloud. The party seconding simply says: "I second the motion." 10. Are not the words "motion" and "resolution" often convertible terms ? Motion, literally means the act of moving ; resolution, the act of resolving ; but these words, like all others of the same formation, may signify, respectively, either the act of moving or that which is moved, the act of resolving or that which is resolved. Hence, since that which is moved, or proposed, in a deliberative body, ofcen proves identical with that which is resolved, the two words, Motion and Resolution, are often employed as convertible terms. A motion, therefore, in strictness, is a mere proposal to the body, that something be done, or ordered to be done. Every matter of business, in a deliberative as- sembly, should be introduced by means of a motion. When adopted by the body, it becomes an order, or 88 RULES OF OKDEE. resolution, or law, or whatever else may be its appro- priate name, 11. In what way or ways are decisions commonly made in a deliberative assembly? The decisions in a deliberative assembly are com- monly made by open vote ; often, also, by ballot. There is also another mode of taking the question, which is called, taking the question by yeas and nays. 12. What is the difference between a vote and a ballot? Vote, literally means a vow, wish or will. It is, therefore, properly used to signify the choice, or pref- erence, which one may have along with others, in re- lation to matters submitted for decision, or persons pro- posed for office. This choice, or preference may be signified in different ways. It may be made viva voce (with the living voice) ; it may be made by raising the hand ; and, besides various other ways, by ballot. Ballot, primarily, signifies a little ball; and to vote by ballot is, property, to signify one's choice by throw- ing into a box, urn, or other receptacle, a ball so colored, or otherwise marked, as to indicate an affirmative or negative vote. Instead of ballots, however, tickets, as being more convenient, are now generally used, though the process is still called by the same name. 13. What proportion of the votes given in any case, is necessary to determine a question ? The number of votes necessary to determine a ques- tion, where there is no special rule to the contrary, is always a majority. But, in certain cases, other pro- PRELIMINARY INSTRUCTIONS. 89 portions are required, as two-thirds or three-fourths ; or, as is sometimes the case, a mere plurality. 14. What difference, in speaking of the result of a vote or election, is there betiveen the terms majority and plurality f The greater of two unequal portions of any total is called the majority. But the word is sometimes em- ployed to denote the greatest of any number of unequal parts into which the whole may be divided : the term being still accurately employed, since the comparison, in that case, really lies between two parts only, namely, the highest number and the next to the highest. For the sake of ready distinction, however, the greater only of two unequal divisions of any total is called a majority ; while the greatest of any number more than two, of such divisions, is termed & plurality. Thus, if 20 be divided into the two unequal parts, 15 and 5, 15 will be the majority. Divide the same num- ber into the three parts, 10, 7, and 3, and 10 will be a plurality. (a.) In the election of persons to office, which principle of decision is adopted, that of a majority, or that of plu- rality? Sometimes the one, and sometimes the other. Where the principle of plurality is adopted, the candidate having the highest number of votes is, of course, elected. And where several persons are to be chosen at the same time, for the same office, those having respectively the highest number of votes, are duly elected. Thus, if three individuals are to be elected 90 EULES OF ORDER. Trustees of a Corporation, and five candidates in the field receive respectively 10, 15, 20, 25, and 30 votes, the last three are held to be elected. Where the prin- ciple of a majority is employed, the successful candi- date must have a majority of all the votes cast, that is, he must have more votes than all the rest of the can- didates put together. (b) Suppose, under the plurality principle, two or more candidates for the same office have not only the highest number of votes, in respect to the rest of the candidates, but an equal number in respect to each other? When two or more persons have an equal number of votes for the same office, where one person only is to be elected, there is no election, and a new trial must be had. This is the rule, unless, as is provided in some places, the returning officers, or some other tri- bunal, is empowered to decide between the rival can- didates. * (c.) Suppose, under the 'majority principle, the total of votes cast is an even number, what is to be done ? Every person, elected under the majority princi- ple, must receive, as before said, a number of votes equal to the greater of the two nearest unequal num- bers into which the total can be divided. But, if the * " In connection with this subject," says Cushing, "it may be ob- served, that, where there are but two sides to a question, — as, for ex- ample, where a proposition is made in a deliberative assembly, and the members vote for or against it,— or where a particular person is nominated for office, and the electors vote for or against him, — or where an election of one out of two given persons is to be made, — in all these cases, the majority and plurality are one and the same thing." PRELIMINARY INSTRUCTIONS. 91 total is an even number, its half increased by one, is the number necessary to a choice. Thus, if the whole number be 15, the number that elects, is 8 ; if the whole number be 16, the number that elects, is 8 in- creased by 1, that is, 9. 15. Must a motion submitted for tlic decision of a delib- erative assembly, be oral or written ? Every motion calling for special care and delibera- tion, that is, all important motions, should be in writ- ing ; but motions merely affecting the order of busi- ness, or other subordinate matters, are usually oral. 16. What differences in meaning or application, if any, are found to obtain among the words " Voted" " Ordered" and " Resolved" when placed at the beginning of proposi- tions adopted by deliberate assemblies ? Whatever proposition has been duly adopted by a deliberative assembly, thereby becomes the vote, order, or resolution of that assembly. The terms " Voted," " Ordered," and " Resolved," therefore, are in so far synonymous, as they all properly indicate what has been done or decided upon. " Resolved," however, is the term most generally used : " Voted" being employed, it is said, chiefly in the Eastern States, while " Ordered" is confined main- ly to religious organizations.* * Hatsell (quoted in Jefferson's Manual, section xxi.) says • — When the House commands, it is " an order." But facts, princi- ples, their own opinions and purposes, are expressed in the form of resolutions. 92 BULES OF ORDER. 17. Why and when is a proposition before a deliberative body called a question ? When, after due deliberation, a motion comes to bo put to vote, that is, when the question of its acceptance or rejection is directly submitted to the assembly, it is, then and for that reason, called the question. 18. What form is observed in submitting a question ? "When the debate, or deliberation upon a subject ap- pears to be at a close, the presiding officer simply asks : " Is the assembly ready for the question ?" If no one signifies a desire further to discuss or con- sider the subject, he then proceeds to submit the ques- tion thus : "As many as are in favor of the adoption of the Resolution, will signify it by saying { Aye P n Then, pausing a moment to hear the response, he adds : " Those of the contrary opinion will say L No P " The answer on both sides being duly given, the President announces the result; saying, " The ayes have it" or " The noes have it" according as he finds the one or the other side in the majority. Should there seem to be any doubt about the result, the President should say : " The ayes appear to have it." If then no dissatisfaction is manifested, or no di- vision called for, he adds : " The ayes have it." 19. Suppose, after the vote is given, the president is un- able to decide, or after he has announced the result, his de* cision is questioned, what should be done ? Should the president, after putting the question, (if necessary a second time,) still be unable to decide, oi should his decision, when announced, he brought into PRELIMINARY INSTRUCTIONS. 93 question by a member rising in his place, and calling for a division of the house, his duty is immediately to so divide, or arrange the assembly as to allow the votes on each side to be accurately counted. This may be done by directing the ayes and the noes respectively to take different sides of the room ; or by first requesting the ayes to stand up in their places long enough to be numbered, and then calling upon the noes to do the same thing ; or by asking the ayes each to raise the right hand, and as soon as those have been counted, inviting the noes to signify their will in the like manner. Whatever method be adopted, the President is to count, or appoint tellers to count, the votes on each side respectively, and announce the true result to the assembly. 20. Suppose the members are equally divided, what fol- lows ? If, on any question, the members are equally divid- ed, the President must give the casting, or determining vote. 21. Has any member a right to refrain from voting f Every member present at the time when a question is duly submitted to the assembly for decision, is bound to give his vote for, or against the pending proposition.* 22. What is meant by taking a question by the yeas and nays t It is sometimes thought proper to record the names * In some deliberative bodies, members are excused at their own request from voting ; but this is clearly against duty in the case. 94 RULES OF ORDER. of members in connection with the votes they give for or against a proposition. In order to this, the ques tion is thus stated : " As many as are in favor of the res olution (or whatever it is) will, as their names are called, answer { Yes ;' and as many as are opposed to it, will an- swer l No* " The roll is then called by the Clerk, or Secretary, and as each member answers yes, or no, the answer is noted or marked opposite his name ; and, to afford opportu- nity for the correction of mistakes, if any, the names of the voters on each side are again read over, and then the result is formally declared by the President. This is what is called taking a vote by yeas and nays.* * The method of taking the yeas and nays in the House of Rep- resentatives in the State of Massachusetts, as described by Mr. Crush- ing, is so simple and so satisfactory, as to commend itself to every one. " The names of the members," says he, " being printed on a sheet, the clerk calls them in their order ; and, as each one answers, the clerk (responding to the member at the same time) places a figure in pencil, expressing the number of the answer, at the left or right of the name, according as the answer is yes or no ; so that the last figure or number, on each side, shows the number of the answers on that side ; and the two last numbers or figures represent the re- spective numbers of the affirmatives and negatives on the division. Thus, at the left hand of the name of the member who first answers yes, the clerk places a figure 1 ; at the right hand of the first mem- ber who answers no, he also places a figure 1 ; the second member that answers yes is marked 2 ; and so on to the end of the list ; the side of the name, on which the figure is placed, denoting whether the answer is yes or no, and the figure denoting the number of the answer on that side. The affirmatives and negatives are then read separately, if necessary, though this is usually omitted, and the clerk is then prepared, by means of the last figure on each side, to give the numbers to the Speaker to be announced to the House." PRELIMINARY INSTRUCTIONS. 95 28. Is it in order to re-open the discussion after the wt- ing upon it has been commenced ? A debatable question is always open for discussion in the assembly, both in the negative and the affirma- tive. And unless, therefore, the vote is taken by the yeas and nays, in which case both side? of the ques- tion are voted upon simultaneously, it is always in or- der, even after the affirmative has been put, to renew the debate. 24. How can it affect the result to renew the discussion, seeing that one side has already voted ? In case of a renewal of the debate after the affirma- tive has been put, the question, when again submitted, must be put both in the affirmative and the negative ; for the new discussion may have brought new light, and, besides, members not present before may have since entered, and so long as the question remains un- der debate, every one has a right to a vote one way or the other, as he pleases. 25. Suppose a difficulty arises during a division on some point of order \ as, for example, whether a member has a right to vote, how is the matter to be disposed of? Should any difficulty on a point of order arise dur- ing a division, the President is to dispose of it by a peremptory decision ; such decision, if improper, be- ing afterwards subject to censure or correction.* * He sometimes, however, in such cases, avails himself of the ad- vice of experienced members ; they keeping their seats to avoid the appearance of debate. But all this is at the pleasure of the President ; otherwise the decision might be protracted beyond all reasonable bounds. See Jef. Manual, sec. xii., and Cushing, p. 131. 96 RULES OF ORDER. 26. ^? white a decision is going on, the number vf mem- bers present falls belovj that required for a quorum, does that hinder the decision of the question ? If, on a division, the result of the count shows that the whole number of votes is not equal to that requir- ed for a quorum, no decision can be had. In that event the matter to be decided, remains just as it was before the decision was ordered or undertaken, and when resumed must be continued from that point, or stage of progress. MODE OF ORGANIZING. 27. What is the proper mode of organizing a meeting? The usual mode of organizing a meeting is for some one,* at the time appointed, to request the attention of the assembly present, and after suggesting the pro- priety of appointing a president, solicit nominations for that office. The nominations being made, he moves that the person first nominated be requested to preside over the deliberations of the meeting. If that be sec- onded, he says : " Those in favor of this motion wiH please signify it by saying l Aye V " The response to this being given, he adds: " Those opposed to the motion will please say l No V " If the question be decided in the affirmative, f the * If the meeting has been convened by a public call, or advertise ment, it seems most proper that one of the persons signing the call should commence business by either nominating a person to preside, or soliciting nominations from the assembly. A call for a public meeting should always state clearly the object had in view, and be signed by the parties most prominent in originating it. \ If, however, the question be negative I, another nomination is, MODE OF ORGANIZING. 97 person so elected immediately takes the chair, and pro- ceeds to complete the organization, by requesting the members to nominate a suitable person for the office of Secretary, as also persons for such other offices as may be deemed necessary or expedient. 28. Would it be in order to organize temporarily, for the purpose of effecting a permanent organization? It would not only be in order, but it is also some- times very desirable to effect a temporary organiza- tion, for the express purpose of obtaining a judicious selection of officers. This is especially the case where the meeting is composed of persons from different and distant parts of the country, and who may not, conse- quently, be personally known to one another. The mode of appointing a chairman and other offi- cers pro tern. j is the same as that described (in answer to question 27) for the appointment of permanent officers. 29 In what way does the meeting, thus temporarily organized, proceed to select suitable officers ? It is customary, and, perhaps, always best, to refer the matter to a committee. The committee, in such case, should retire immediately, examine the claims of the several persons apparently suitable for the places to be filled, and, with all convenient dispatch, report a list of candidates to the meeting.* 30. Suppose it should be the will of a meeting, called for of course, requested, and acted upon as before; and this process is repeated, if necessary, til a president is chosen. * For the mode of presenting and receiving the Report of a Com- mittee, see page 160. 5 98 EULES OF OKDER. a temporary purpose, to form itself into a regular society, what form should he observed in so doing ? A meeting, or convention convoked for a temporary object, may be converted into a permanent organiza- tion, by passing a resolution to that effect, and provid- ing, also, by resolution, for the appointment of a com- mittee to draft and report a constitution for the pro- posed society. The constitution, when duly accepted and adopted, should be signed by all the persons adopt- ing it, and should fix the conditions, on which other persons might afterwards be admitted to membership. DUTIES OF OFFICERS AXD MEMBERS. 31. What are the duties of the President f The ordinary duties of the President are the following: (1.) To preside impartially over the deliberations of the assembly, — to enforce the rules of order in the transaction of business, — to be kind and courteous himself, and to maintain due decorum among the members, — to give information, when necessary, on points of order, and, in cases of dispute, to decide upon questions of Parliamentary practice : (2.) To receive and duly announce all messages and communications for the assembly, — to insist upon a strict observance of the order of business, — to submit, in an orderly way, all proper motions, propositions or petitions made by members, — to see that each member has his just rights and privileges in debate, — to put to vote all questions that have been properly brought for- ward for discussion and decision, and officially make known the result. DUTIES OF OFFICERS AND MEMBERS. 99 (S.) To appoint by name, when so directed or re- quired, the members that are to serve on committees, — to take measures, as far as may be, that such commit- tees discharge efficiently the duties incumbent upon them ; and at all meetings, whether stated or special, to call for their Keports, if due, and see that these are, in proper form, presented to the meeting : (4.) To see, that the several other officers properly discharge the duties assigned to them, — that the requi- sitions of the Constitution and By-Laws be fully com- plied with, — that the instructions of the society on every occasion be rightly carried out, — that its acts and proceedings, when necessary, be duly authenti- cated by his signature; and, in short, that the true aims of the organization never be frustrated, either by his own, or the negligence of others. 32. What is the duty of a Vice-President? The duty of the Vice-President is, in the absence of the President, to assume and transact all such business as properly falls within the province of the presidential office. 33. What are the duties of the Recording Secretary? The duties of the Eecording Secretary are, in general, these : To call the roll at the opening of a meeting, and note the names of the members absent, — to record faithfully the doings of the society, — to read aloud such papers as may be ordered to be read,— to call the roll when the vote is taken by yeas and nays, and re- cord the answer of each member, — to notify commit- 100 KULES OF ORDER. tee 3 of their appointment and of the matters committed to them, — to authenti 3ate, when necessary, by his sig- nature, the acts and proceedings of the body, and to take in charge all papers and documents belonging thereto. 34. What is the duty of a Corresponding Secretary ? The duty of the Corresponding Secretary is to con- duct, under the instructions of the society, all corre- spondence with other societies or individuals. 35. What is the duty of the Treasurer ? The duty of the Treasurer is to receive, and under specified regulations, to disburse all moneys belonging to the society, — to keep an accurate account of all pecu- niary matters pertaining thereto, — and when required, to give a clear and correct statement of its financial condition. 36. What are the rights of the members? Every member has an equal right with every other member, to offer in the proper way, any motion, or res- olution which he may deem expedient, — to enter, in the way of explanation and discussion, upon the mer- its of his proposition, and to have it duly weighed and decided upon by the assembly. He has, also, in com- mon with the rest, various other rights and privileges, which will come up more properly under other heads 37. What are the duties of the members ? The duty of every member is to follow strictly the 7 ales of order, — to abstain from all personalities in de- MODE OF COMMENCING BUSINESS. 101 bate, — never designedly or heedlessly to interrupt an- other member while speaking, — never to create dis- turbance in the assembly, or any part thereof, by whis- pering, hissing, or any other act of indecency, — and, finally, in all respects to observe the decorum and propriety of deportment proper to a gentleman. MODE OF COMMENCING BUSINESS. 88. What is the first step after the organization of a meeting ? The first step after organizing is for the President officially to announce, that the meeting being duly or- ganized, is now ready for the transaction of business. It is quite customary, moreover, for the President, upon taking his place as the presiding officer of a meet- ing, to make a short address suitable to the occasion. If the meeting be the result of a published call, he •should read the call aloud, or himself state, in few words, the objects proposed by those who have made it. 39. When the assembly is thus duly organized, and ready for business, how is it to be introduced? Business may be introduced in a deliberative assem- bly either by the presentation of petitions, memorials, or other papers, emanating from persons not belonging to the body, or by offering resolutions, or by calling for the Reports of Committees. If the meeting has been called for some specific ob ject, the proper course is for some one to rise and move that a Committee be appointed to draft Resolu- tions expressive of the sense of the assembly. 102 RULES OF OKDEK. While the Committee are out, engaged in this duty, it is usual to call on some suitable person to address the meeting. As soon as he has closed his remarks, the Committee, if ready, immediately present their Ee- port in the manner described on page 112. In case Kesolutions have been prepared beforehand, as sometimes happens, they are, of course, presented to the meeting in due form, without the intervention of a committee. 40. How is business commenced at a meeting of a So- ciety, or other permanent organization ? The presiding officer, on taking his place, first re- quests the members to come to order. Then, either by counting himself, or directing the Secretary to call the roll, he proceeds to ascertain whether there is a quorum present. If there be a quorum, he then requests the Secretary to read the minutes of the last meeting ;* if not, busi- ness is, of course, suspended till the next regular meeting. 41. What is meant by a quorum ? A quorum is such a number of members as may, by rule, or statute, be required to be present at a meeting in order to render the transactions of the body legal, or valid. Thus, by the Constitution of the United States, it is provided, that a majority of each House of Congress shall be necessary to form a quorum to transact business, f * For the mode of approving of the minutes, (fee., m they act.* * The assembly may, at any time during the progress of their de- liberations, revoke instructions previously given, impose new ones producing an entirely different aspect or direction of affairs, or leave them altogether to their own discretion. COMMITTEES. 105 47. How is the number of which a committee shall con- sist, decided upon ? If, in the motion to appoint a committee, whether select or standing, the number of persons of which it shall consist, is not specified, it is customary for mem- bers, without resort to a motion, to propose different numbers, as each may prefer. The President, then following the rule observed in the case of filling blanks,* puts to vote the question on each number, be- ginning with the highest, till he comes to that on which the assembly can agree. 48. After the number is fixed, of which a committee shall be composed, what is the mode of selecting the mem- bers of it? The members of a committee may be appointed by the presiding officer, either in virtue of some standing rule, or in accordance with a motion made for the oc- casion ; or they may be elected by ballot, provided a resolution is passed to that effect ; or, lastly, they may be chosen by an open nomination and vote of the assembly. 49. In the choice of members to serve on a committee, is regard to be had, to their previously known, or expressed opinions on the matters to be referred to them ? The general rule is, that he who is known to be ut- terly opposed to a proposition, should not be appointed on a committee, charged merely with the amendment or modification of that proposition; since his aim would not be to amend, but to destroy. * See page 98. 5* 106 EULES OF ORDEE. If, therefore, the design of the commitment is amend- ment, which is here taken for granted, those only ought to be members of the committee, who, though friendly to the measure, or proposition, in the main, still desire to amend, or alter it in certain particulars. This rule, however, is rather discretionary than im- perative; since the appointing power, whether the President or the assembly, is under no positive obliga- tion to observe it* 50. Is a committee free to organize in its own way, or must it be organized under special instructions from the assembly ? Every committee has the right to organize in its own way ; that is, is perfectly free to appoint its own offi- cers.f But, as in the assembly, it is usually consid- ered polite and proper to place on the committee both the mover and the seconder of the motion to raise such committee, so in the committee itself, it is, as a matter of courtesy, so customary as to amount al- most to a rule, to appoint the member first named, or selected, to act as its chairman, and to report its pro- ceedings to the body at large.;}: * It is the duty of the Secretary, when a committee has been appointed, to make out a list of the members, and send it, together with a copy of the instructions under which they are to act, to the person first named on the list. f See, however, the answer to question 68, and the note. % The person first named on a committee always acts as chair- man pro. tern, till the permanent Chairman is appointed. It is his duty, accordingly, to call a meeting of his colleagues at the earliest eonvenience, and so open the way to business. COMMITTEES. 107 51. Is a committee at liberty to fix its own time and place of meeting ? In respect to the time and place of meeting, as in respect to the disposition of the matters entrusted to it, a committee is always subject to the direction of the assembly ; and if, when ordered to meet at a par- ticular time, it fails of that time, it is not at liberty to enter upon duty, till again directed to sit by the as- sembly. But, if left without special direction in this regard, the committee has power, as a matter of course, to choose such time and place as may be deemed expedi- ent; provided always, the time be not that during which the assembly itself is in session. 52. May the members of a committee transact the busi- ness referred to them, by separate consultation, and without the formality of a regular meeting ? Nothing is the act of a committee, which is not done or agreed to, in the committee duly assembled, as such, There can, therefore, be no such thing as the report of a committee, made by separate consultation, and without the formality of a regular meeting of its mem- bers. 53. Are committees never allowed to sit in deliberation, while the assembly itself is in session ? If the business is such as to require immediate at- tention, or the assembly is anxious for despatch, a committee may be ordered to sit, while the body itself is in session. But, unless so ordered, it is contrary to 108 KULES OF ORDER. a rile founded on obvious propriety, for a committee to sit while the assembly is sitting.* If, therefore, the body itself, after an adjournment, is found to be in session, while the committee is yet engaged in its deliberations, it is the duty of the com- mittee forthwith to rise and attend the assembly. 54. Is it necessary in order to the transaction of busi- ness in committee, that all the members of the committee should be present ? The number of members necessary to form a quo- rum for the transaction of business in a committee, is sometimes fixed by a vote, or by a standing rule of the assembly. Where, however, this is not the case, a majority is, in this country, commonly considered requisite to constitute a quorum, or else whatever other proportion may be necessary to a quorum in the assembly itself. 55. What subjects are usually referred to committees, and what is the ordinary mode of proceeding in them f To committees, as before observed,f are usually re- * The rule that committees are not to sit during the session of the assembly, is founded upon the principle, that the presence of the members constituting the committee, as well as that of all others, is necessary to full and efficient service in the body. The absence of a single member is often a great disadvantage. The meetings of the assembly itself are, on this account, not un- frequently so appointed as to time, as to allow full opportunity for the discharge of duty in committees. Thus, it is well known tha in Congress the daily sessions do not commence till twelve o'clock, mainly out of regard to the immense amount of labor devolving upcn committe3s in preparing and digesting business for action in the two Houses. f See answer to question 42. COMMITTEES. 1C9 ferred such papers, propositions, or other matters, as require to be digested, amended, or examined with a minuteness of detail very inconvenient, if not quite impracticable, in the full assembly. Accordingly, they are often obliged to make many personal inquir- ies, to examine lengthy documents bearing upon the subject confided to them, to examine witnesses, and otherwise to pursue protracted investigations. In regard to the mode of proceeding in committee, the order, in most respects, is the same with that ob- served in the assembly itself. Thus, nothing is con- sidered as an act of the committee, which has not been done in a meeting regularly convened ; wherein busi- ness must be transacted by motions duly made, sec- onded and passed, as in the assembly. 56. Is it necessary for a committee to append to their report a resolution respecting the subject of their delibera- tions, and to recommend its adoption by the assembly ? The very object of a committee is to prepare busi- ness for the action of the assembly. It is, therefore, settled by an almost universal usage, that every report of a committee should conclude with a resolution.* 57. What course is adopted in the case of breaches of order, or disorderly words in a committee? A breach of order in committee is not punishable by the committee itself; neither are disorderly words. * If the committee has been raised merely to gather information, or if they should think proper to render a verbal report, declaring the matter of no sufficient interest or importance to require action, the report should close with a resolution to discharge the committee from the further consideration of the subject. 110 RULES OF ORDER. Both must be reported to the assembly ; the disorderly words being written down as when occurring in the assembly itself.* 58. When a subject is referred to a committee, is it left with them to treat it as they please ? A committee may be instructed, or directed in rela- tion to the subject committed to their charge, or not, at the pleasure of the assembly. But, if left without in- structions as to the duties assigned them, they have the right to treat the matter entirely according to their own judgment, and to report to the assembly upon it in whatever manner they deem expedient. 59. What is the course pursued in relation to papeiz before a committee ? The course pursued in relation to papers is, in gen- eral, the same as that adopted in the assembly. The paper is first read through by the Secretary or the Chairman ; then it is again read by the Chairman, by paragraphs or sections ; he pausing, at proper inter- vals, to hear and put to the vote the amendments, if any, that may be offered by members. This being done, if the paper is one that has originated with the committee, the question is then taken upon the whole document, as amended or unamended. If, however, the paper is not original with the com- mittee, but is one that has been merely submitted for amendment, the question upon the adoption, or rejec- tion of the whole is not, of course, to be taken ; for that, as well as the amendment proposed by the com- mittee, belongs ultimately to the assembly itself. * See page 124. COMMITTEES. Ill 60. Sup>pos6 the committee should be opposed to the pa- per* altogether, what is to be done f In the event of a committee being entirely opposed to a paper submitted for amendment, their course is to report it back to the assembly unamended, with the reasons therefor, if thought desirable, and then, not as members of the committee, but as members of the body at large, make what opposition to it they see fit. 61. Is a committee at liberty to alter, by way of amend- ment, or otherwise, the subject-matter under consideration ? No committee is allowed to alter the subject under deliberation, their duty being confined strictly to a consideration of its nature and bearings. When the subject is referred with instructions, the instructions must, of course, be strictly obeyed. 62. Is a committee at liberty to erase, interline, or other* ■wise mark over a paper under their consideration ? A committee is, of course, at liberty to erase, inter- line, or otherwise mark any paper originating with themselves. But, in the case of a paper submitted by the assem- bly, thejr have no right to mark, or deface it in any way, or for any purpose whatever. If they agree to propose amendments or alterations, these must be put on a sep- arate piece of paper, and the places where it is pro- posed to insert them, designated by the proper line, page, paragraph, or section of the original document. The committee may, however, if they please, report their amendment in the form of a new draft of the 112 RULES OF OKDER. original paper, with the amendments duly made and inserted. This, in fact, where the alterations are mi- nute or numerous, is decidedly the best way. 63. Supposing a difference of opinion to exist among the members of a committee, have the minority a right to bring in a counter report ? The reception of a report from the minority of a committee is conceded rather as a favor than as a right This is done, though not strictly in order, partly out of courtesy, and partly for the sake of a more full de- velopment of the matter in dispute.* * On the subject of Minority Reports, Mr. Cushing very justly says : — " The report of a committee being the conclusion which is agreed to by a majority of the members, the dissenting, or not-agree- ing members, according to strict parliamentary practice, would have no other mode of bringing their views before the assembly than as individual members. Inasmuch, however, as such members may be supposed to have given the subject equal consideration with the other members of the committee, and may, therefore, be in pos- session of views and opinions equally worthy of the attention of the assembly, the practice has become general in the legislative as- semblies of this country, to allow members in the minority to pre- sent their views and conclusions in the parliamentary form of a re- port, which is accordingly known by the somewhat incongruous ap- pellation of a minority report. Any two, or more of the members may unite in such a report, or each one of them may express his views in a separate document. "A minority report is not recognized as a report of the committee, or acted upon as such; it is received by courtesy, and allowed to accompany the report, as representing the opinions of the minority ; and, in order to its being adopted by the assembly, it must be mov- ed £la an amendment to the report, when that comes to be consid» ered." For more on this subject, see page 116. COMMITTEE OF THE WHOLE. 113 COMMITTEE OF THE WHOLE. 64. What is a committee of the whole ? A committee may consist, according to the pleasure of the assembly, of one member only, of a number of members, or of the entire body. A committee em- bracing the entire body, is called a committee of th whole. 65. What is the use of a committee of the whole ? There are times when it is best for the whole assem- bly, unfettered by certain parliamentary restraints, to deal with a subject after the manner adopted in ordi- nary committees. In such cases, it is usual for the body to resolve itself into a committee of the whole. 66. What is the form employed in resolving an assem- bly into a committee of the whole ? The form employed in resolving an assembly into a committee of the whole, is this : A member ri^es in his place, and moves, " that the assembly do now resolve itself into a committee of the whole, to take under consideration the subject" (whatever it is) ; and this being seconded, the question is put to vote by the presiding officer. If decided in the affirmative, the President, after an- nouncing the result, resigns ihe chair to whomsoever is named, or appointed to act as chairman of the com- mittee, and then takes part, like other members, in the matters under deliberation. 67. How is the Chairman of the committee of the whole appointed? Immediately after the passage of a resolution to go 114 RULES OF ORDER. into a committee of the whole, it is usual for the Pres- ide! t of the assembly to name, or designate a member to act as chairman of the committee. This he does either in virtue of some special rule or in accordance with established custom : if in virtue of a rule, the person so named, or designated is thereby appointed : if merely in compliance with custom, the appointment may, or may not be acquiesced in accord- ing to the will of the members. If, therefore, on going into a committee of the whole, the presiding officer, in conformity with usage, but without the authority of a special rule, assigns to a member the chairmanship of the committee, if no one objects all is right, and the appointment is valid ; but if objection be made, a chairman must be appointed by a regular vote. 68. Is the election, in such case, to be made by a vote of the members acting in the capacity of a committee, or in that of the assembly proper ? If, as supposed in the preceding answer, the appoint- ment of a chairman by vote becomes necessary, it must be by a vote of the assembly as such : the presiding officer resuming the chair in order to put the question.* * Jefferson, in his Manual (Section xii.), says, that, where the ap- pointment is to be made by vote, committees of the whole " have a right to elect one ; some member, by consent, putting the ques- tion." On this, Mr. Cushing (p. 175) says : — " The statement that* where a Chairman is to be appointed by vote, the question is to be put by som ) member in the committee, though laid down by Mr Jefferson, on the authority of an old writer on parliamentary pro- ceedings, is not sanctioned by Hatsell, or borne out by the modern practice in the British parliament." COMMITTEE OF THE WHOLE. 115 69. What number of members constitutes a q^ogum in a committee of the luhole? Whatever number constitutes a quorum in the as- sembly itself, constitutes a quorum in a committee of the whole. 70. What course is taken when no quorum is present ? When the number present in a committee of the whole becomes less than that required to form a quorum, the committee, upon motion to that effect, must rise ; in which case, the presiding officer of the assembly, whose duty is always to be present in the committee, and ready, when necessary, to resume the chair, takes his proper place, and the committee of the whole is ac- cordingly dissolved. 71. How is a Secretary appointed in committee of the whole ? In committee of the whole, the Clerk or Secretary of of the assembly, or his assistant, if he has one, acts as secretary. 72. Does he record the proceedings of the committee on the journal, or minute-booh of the assembly? The report of the committee, that is, whatever they conclude to lay before the assembly, as the result of their deliberation, the Clerk, or Secretary at the proper time enters, of course, upon his record ; but the proceedings in committee are not recorded in his jour- nal. 116 RULES OF ORDER. 73. Are the proceedings in a committee of the whole dif- ferent from those in the assembly itself? The mode of proceeding and the rules of order in a committee of the whole are not essentially different from those observed in the body itself. But, as the only object of a committee is to secure a release from certain embarrasments, necessarily existent in the con- duct of the assembly proper, it follows, as a m atter of course, that some differences must be made in the or- der of proceeding. 74. What are the principal points in which the order of proceeding in a committee of the whole, differs from that pursued in the assembly itself? In the assembly, a member cannot speak more than once or twice on the same subject ; in committee of the whole, he may speak as often as he pleases. In the assembly, all discussions may be suddenly arrested by the use of the previous question ; in committee of the whole, the previous question can never be intro- duced. In the assembly, the yeas and nays may be called for, and an appeal be made from the decisions of the chair ; in committee of the whole, neither a call for the yeas and nays nor an appeal from the chair is allowable. In the assembly, committees of their own number may be raised at any time ; in com- mittee of the whole, a committee of their own number, that is, a sub-committee, is inadmissible. In the assem- bly, any breach of order may be punished ; in commit- tee of the whole, as in other committees, the matter must be referred to the assembly. In the assembly, a motion may be made and carried to adjourn to another OOMMTTTEE OF THE WHOLE. 117 time and place ; in committee of the whole, if, for any reason, it is thought proper to discontinue their delib- erations for a time, it is necessary for some one to move that the committee rise, report progress, and ask leave to sit again. Besides all this, greater freedom every way is allow- ed in committee of the whole than would be admis- sible in the assembly ; and, moreover, the proceedings in the committee, which, though leading to results however useful, are themselves often tedious and in- formal, are not required to be placed upon the record, as would be the case were they the transactions of the assembly as such. 75. What form is observed, when the committee rise and report ? If the motion to rise is carried, the Chairman of the committee immediately yields the chair to the Presi- dent of the assembly. Then, taking his proper place among the members, he rises and informs the presi- dent that the committee of the whole have, in obedi- ence to the order of the assembly, had the subject of (whatever it may be) under consideration ; that some progress had been made in the disposition of it ; and that, for want of time (or whatever other cause), hav- ing been obliged to discontinue their deliberations, they had instructed him to ask leave for the committee to sit again. 76. If leave be granted for the committee to sit again, is it necessary for the assembly, at the time appointed. 118 RULES OF ORDER. again formally to resolve itself into a committee of the whole ? If the motion to grant the request of the committee for another sitting be decided in the affirmative, the assembly must then also, by motion, name the time for that sitting, and, when that time arrives, it is nec- essary to go again regularly through the formality of resolving the assembly into a committee of the whole. 77. What course is taken in committee of the whole, when the business referred to them, is finished? When the business referred to the committee of the whole, is finished, some one moves that the committee do now rise and report. This motion being passed, the President of the assembly resumes the chair, and the Chairman of the committee rising in his place among the members, states that the committee of the whole, having finished the business entrusted to them, have directed him to present a report, which is ready, whenever it is the pleasure of the assembly to re- ceive it. The proper way then, is to fix by motion the time for receiving the report. But often, in the matter of receiving a report, a formal motion is omitted : the as- sembly, if that be their pleasure, crying out, "Now I Now I" or if another time, " Monday 1 Tuesday I" or whatever other day they choose. SECTION VII. PRIVILEGED QUESTIONS. 78. What are privileged questions ? The general rule, in deliberative bodies, is, that the questiua first moved and seconded, shall first be put to the vo*e. Circumstances, however, sometimes require a departure from this rule. There are, accordingly, certain motions, or questions which are allowed to supersede a proposition already under debate, and which, for that reason, are denomi- nated privileged questions. The question superseded, in such case, is called the main, or principal question. 79. What are the particular circumstances that call for the use of privileged questions ? The circumstances requiring resort to the use of privileged questions, are various. Thus, the assembly, exhausted by long-continued attention to duty, may desire to adjourn ; hence the motion to adjourn is a privileged one. They may be willing longer to enter tain a proposition, but not at the present time ; thence arises the necessity of a motion to lie on the table. They may deem it expedient to suppress further de- bate on a subject; for which purpose recourse is had 120 RULES OF ORDER. to what is called the previous question. They may want time for reflection, or to gather information ; this creates the occasion for a motion to postpone to a certain day. They may wish to have the proposition modified or altered, or the subject investigated, to an extent or in a manner incompatible with the formali ties proper to the proceedings of the full assembly ; thence comes the need of a motion to commit, that is, to refer the matter to a committee. They may be fa- vorable to a proposition in the main, but dissatisfied with certain particulars, capable of easy alteration in the assembly ; that gives rise to a motion to amend. They may be anxious to get rid of a proposition alto- gether, and yet not to do so in a rude or indelicate manner ; that is accomplished by the use of a motion to postpone indefinitely. They may have previously ordered, or appointed certain business for certain times, and the hour having arrived for such business, there may be need of a motion to proceed to the orders of the day. They may have already decided a question, and, upon further reflection, concluded to retrace their steps, and bring the matter again under deliberation ; in which event, there is need of a motion to reconsider. But there are other motions still, which circum stances require to take precedence over a question al- ready before the assembly. These are such as arise incidentally, and, being incidental to motions of every kind, they are allowed, for the time being, to supersede the proposition under discussion, whether it be a priv- ileged one or not. The incidental questions are such as respect the privilege of the members of the assem- bly, or of the whole assembly taken collectively ; such PRIVILEGED QUESTIONS. 121 as have regard to questions of order, to the reading of papers relating to the matter under debate, to the with- drawal of motions, to the suspension of rules, and the amendment of amendments. The following is a list of all the above-mentioned questions, or motions, being here included under the general head of PRIVILEGED QUESTIONS.* 1. Motions to adjourn. 2. Motions to lie on the table. 3. Motions for the previous question. 4. Motions to postpone to a day certain. 5. Motions to commit. 6. Motions to amend. 7. Motions to postpone indefinitely. 8. Motions for the orders of the day. 9. Motions concerning questions of privilege. 10. Motions concerning questions of order. 11. Motions for the reading of papers. 12. Motions for the withdrawal of motions. 13. Motions for the suspension of rules. 14. Motions to reconsider. * The questions included in the list above, excepting the last, are divided by Mr. Cushing into three classes, and arranged thus : Privileged Questions: — Adjournment, Questions of Privilege and Orders of the Day. Incidental Questions: — Questions of Order, Heading of Papers, Withdrawal of a Motion, Suspension of a Rule and Amendment of Amendments. Subsidiary Questions : — Lie on the Table, Previous Question % Post ponerrenty Commitment and Amendment. 122 KULES OF ORDER. 80. Have these privileged questions any privilege among themselves ? The questions which, thus have a right to take pre- cedence of the main, or principal question, have, also, a certain order of precedence among themselves. In some deliberative bodies, that order is settled by a for- mal rule. Thus, in the 11th Eule of the United States Senate, we read : " When a question is under debate, no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend ; which several motions shall have precedence in the order they stand arranged, and the motion for adjournment shall always be in order, and be decided without debate." The order prescribed in the 46th Eule of the House of Representatives, is the following : " When a question is under debate, no # motion shall be received, but to adjourn, to lie on the table, for the pre- vious question, to postpone to a day certain, to commit or amend, to postpone indefinitely ; which several motions shall have precedence in the order in which they are arranged ; and no motion to postpone to a day certain,, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the bill or proposition. A motion to strike out the enacting words of a bill shall have pre- cedence of a motion to amend, and, if carried, shall be considered equivalent to its rejection."* * The order prescribed in the above Rule of the House of Repre- sentatives, is that which prevails to the greatest extent in this country, and is, therefore, most entitled to precedence. THE MOTION TO ADJOUBN. 123 THE MOTION TO ADJOUM. 81. When is the motion to adjourn in order? The motion to adjourn is always in order. It, therefore, takes precedence of any pending question. 82. Must the motion to adjourn, then, he always enter* tained, without respect to time or circumstances? In a general sense, amotion to adjourn may be said to be always in order. But this must be taken with some limitations. Thus, it can not be received while a member is speaking, unless tie consents to give way for that purpose ; it can not be entertained while a vote, or the process of calling the yeas and nays, is in progress ; it can not, after being once negatived, be renewed previous to the intervention of some other business ; and, lastly, it must be a motion to adjourn simply, without specification of any kind; that is, merely that the assembly " do now adjourn" 83. Why should a motion to adjourn thus prevail over all others ? Because otherwise the assembly might be kept in session against its own will, and that for an indefinite period of time. (a.) Is a motion to adjourn debatable ? A motion simply to adjourn is not debatable. 84. Is a motion to adjourn amendable? The motion to adjourn, as a privileged question, that is, as being entitled to supersede any pending question, can not be amended. It must, therefore, be 124 RULES OF ORDER. put in the form, — " that the assembly do now adjourn" If put in any other way, — for example, so as to fix a particular time or place, — it then has no privilege over a pending question; for it introduces new business, and seeks some object other than mere adjournment. The object sought in such amendment is sometimes gained by making the motion to adjourn to a particu- lar time or place take the form of an amendment to, or substitute for, the main question before the house. If the motion to adjourn is made when there is no other question before the assembly, it can, of course, be amended like any other motion. 85. If the motion to adjourn must be made without specification of time, how is the assembly to be governed as to the time of the next meeting ? When a motion simply to adjourn is decided in the affirmative, the body is thereby adjourned to the next regular time of sitting ; or to such time, if any, as has been appointed by previous resolution. 86. What difference, if any, is there between a motion simply to adjourn, and a motion to adjourn sine die ? Sine die means without day ; that is, without a day appointed for another meeting. In reality, therefore, a motion simply to adjourn, and a motion to adjourn sine die, are things identical. But the form to adjourn sine die is mainly employed in relation to bodies whereof no reassembling is contemplated. 87. What formality, on the part of the presiding officer ', is necessary to give efficacy to a motion to adjourn ? Though a resolution to adjourn has been duly passed, THE MOTION TO LAY ON THE TABLE. 125 there is properly no adjournment, until the President has officially announced the same from the chair. 88. What becomes of a proposition which has been ar- rested, while under debate ; by a vote to adjourn ? "When a proposition has been interrupted in its course by a motion to adjourn, it is thereby removed from the body, and, if again brought up, must be in- troduced in the usual way. To avoid the effects of this, however, it is sometimes moved that " the house do now adjourn" and that " the debate be now adjourned" This gives the pending ques- tion, which is ei£ off by the motion to adjourn, a title to come up, as unfinished business, at the next sitting. In some bodies, there is a standing Eule that all un- finished business, intercepted by a motion to adjourn, shall take precedence at the next sitting. THE M0TI03" TO LAY OX THE TABLE. 89. When is a motion to lay on the table employed ? It sometimes happens that while a matter is under deliberation, it is deemed expedient, for the time being, to discontinue the discussion, with a view to take up the subject at a more convenient season. In such case a motion is made to lay the subject on the table. 90. What rank does it hold among privileged questions? A motion to lay on the table usually takes precedence of all motions, except the motion to adjourn, a question of privilege, and a motion for the orders of the day.* * In Congress, the motion to lay on the table supersedes all motions except a motion to adjourn. See Rules of the Senate and House, page 122. 126 KULES OF ORDER. 91. Is the motion to lie on the table debatable ? The motion to lie on the table can neither be deba- ted nor amended. It is, therefore, often employed to get rid of a question altogether. ^ ; 92 What is the effect of this motion, if decided affirm atively f The effect of a motion to lie on the table, if decided in the affirmative, is to withdraw from the assembly the main question, together with all other secondary, or incidental questions relating thereto, until, by mo- tion duly made and passed, it be the pleasure of the body to resume the consideration thereof. 93. What if it be decided negatively ? A motion to lie on the table, when decided by a negative vote, leaves the pending question wholly un- touched, and its discussion is, therefore, immediately resumed, and continued just as though no interrup- tion had taken place. THE PREVIOUS QUESTION. 94. What is the previous question ? Whenever it is thought desirable suddenly to arrest discussion, and test immediately the sense of an assem- bly, in respect to a subject under debate, there is a mo- tion, or question expressly for this purpose, which is denominated "the previous question." 95. What was the origin and design of this motion t This motion was introduced, in 1604, by Sir Harry THE PREVIOUS QUESTION. 127 Vane, in the British House of Commons, and was de- signed to suppress motions which, if publicly discussed, might bring censure upon the government, or upon in- dividuals occup} T ing high official station. * 96. What was its form and effect? The original form of the previous question was, — "Shall the main question be put?''' 1 This was simply asking whether, after the debate was over, however long or earnest it might be, the main question should ultimately be put to the vote. If decided in the af- firmative, of course, the discussion might be resumed, and continued, till the subject was regularly and final ly disposed of. In the event of a negative decision, however, which was precisely the object sought by the mover, all dis- cussion of the main question was at an end, and more than that, the whole subject was taken from before the House for the remainder of the session. This was a natural result ; for what would be the use of continu- ing to discuss a question which the House had already determined, should not (after all) be put to the vote ? When afterwards the form of the previous question was changed to that which it now has, which is. "Shall the main question he now put?'' 1 an affirmative decision entirely precluded ail further debate on the main, or principal question, and brought the subject immediately to the test of a vote ; while a negative de- cision, though operating still in the suppression of de- bate, did not necessarily remove the main question from before the House for the whole session, but for the rest of the day only ; so that it might be renewed, 128 RULES OF ORDER. if thought desirable, on the next, or on some succeed- ing day. This is the present operation of the previous question in the British Parliament. In this country, an affirmative decision of the pre- vious question has the same effect precisely, as it has in England, that is, it brings the main question, without further delay or debate, directly to a vote. And in such case, the pending amendments, if any, are first, in their order, put to vote, and then, of course, forthwith the main question.' 55 " But a negative decision of it operates differently ; for that assumes, that, if the main question is not now to be put, (which is what a negative de- cision declares,) then that question is still subject to debate, just as it would have been, had the previous question never been demanded or applied. 97. Is this the effect of a negative decision in all delib- erative bodies ? In the House of Eepresentatives of the United States its effect is to suppress the main question for the rest of the day only, just as in the British Parliament. In the House of Representatives of Massachusetts, and in the House of Assembly of New York, the effect of a negative decision of the previous question is to leave the main question with all pending amendments just where it was ; that is, under debate, till disposed of in * Formerly in the House of Representatives, the previous ques- tion, if decided in the affirmative, brought the House immediately to a vote on the main question, to the exclusion of all amendments and incidental motions. This was changed (Jan. 14, 1840,) and the present order, namely, that indicated in the text above, was estab* lished. THE PREVIOUS QUESTION, 129 the usual way. And, in all deliberative assemblies in this country, it is usually taken for granted, unless otherwise ordered by a special rule, that a negative de- cision of the previous question leaves the main ques- tion and all amendments thereto, under deliberation just as it found them. 98. Why is this motion sometimes called the "gag- law" ? Since the effect of an affirmative decision of the pre- vious question is to preclude all further debate, and bring the main question directly to a vote, it is in this country employed almost exclusively for the purpose of arresting unprofitable discussion, and so hastening a decision. It is easy, however, to make an abusive application of the previous question, by rendering it subservient to the purpose of cutting off the most wholesome and necessary discussions, and so compelling members to be silent, who ought for the sake of truth and justice to be heard. Hence Mr. Jefferson has said: "There- fore, it ought not to be favored, but restricted within as narrow limits as possible." This unjust use of the previous question is what has often secured to it the appellation of the "gag-law" 99. Can a motion so important as this, and so liable to be abused, be entertained upon its being offered by one member only, and seconded by another, as is the case with most other questions ? In the British Parliament any member may move the previous question, and, if seconded by another, it 6* 130 RULES OF ORDER. is thereby put into requisition. This is done also, in many assemblies in this country. In the House of Eepresentatives, however, it can only be admitted, when demanded by a majority of the members present.* When first recognized by the House, (April 7th, 1789) it could be introduced by a call from five members. It was afterwards (Dec. 23d, 1811) resolved, as in the case of a call for the yeas and nays, that one-fifth of the members present, should be necessary to a call for the previous question. This continued to be the Eule till February 24th, 1840. At that time a change was made, by which, as stated above, the previous question can be admitted, only when demanded by a majority of the members pres- ent.! 100. How does the previous question rank among priv- ileged questions ? The previous question has the same rank as the mo- tion to postpone, the motion to commit, and the motion to amend. It cannot, therefore, if first put, be super- seded by any one of these. It yields the precedence, however, to a motion to adjourn, to lie on the table, to a motion respecting the rights and privileges of the members, or of the assem- bly at large, or to a motion for the orders of the day. * That the use of the previous question ought to be under some limitation greater than that which is customary in the case of other motions, seems very obvious. In all deliberative bodies, therefore, the number, at whose call it may be admitted, ought to be fixed by a special rule. f See Rules of Order for the House of Representatives, No. 60. THE MOTION TO POSTPONE. 131 101. Is a motion for the previous question debatable? No debate is allowable on a motion for the previous question. Neither is it susceptible of amendment. All questions of order, moreover, arising incidentally thereon, must be decided without discussion, whether appeal be had from the chair or not. THE MOTION TO POSTPONE. 102. What is the object of a motion to postpone f The object of a motion to postpone is, either to defer the consideration of a pending proposition till a more convenient season, or to get rid of it altogether without coming directly to a vote upon it. The motion to post- pone, therefore, is. according to the aim of the mover, either for a specified time, or for a period indefinite. 103. What rank among privileged questions does a mo- tion to postpone hold ? The motion to postpone holds the same rank with the previous question, the motion to commit, and the motion to amend, and cannot by any of these be super* seded. If, however, the motion to postpone be put, and lost, the pending proposition is nevertheless sub- ject to the application of the co-ordinate motions; that is, the previous question, the motion to commit, and the motion to amend. 104. What becomes of a proposition which has been in* terrupted by the passage of a motion to postpone ? A proposition thus interrupted by the motion to 132 KULES OF ORDER. postpone is thereby removed from before the assembly, together with all matters pertaining to it. 105. Can a motion to postpone he amended? If a motion is offered to postpone to a day certain, that is, to a specified time, it may be amended by sub- stituting a different time. The time, in such case, how ever, may be regarded as a blank, to be filled in th manner described on page $§ following. 106. What is the aim of a motion for indefinite post- ponement ? The aim of a motion to postpone indefinitely, is to get rid of a proposition altogether without coming di- rectly to a vote upon it ; for, when decided affirmative- ly, the effect is to quash the proposition entirely. 107. Can a motion to postpone indefinitely he debated, or amended ? A motion for the indefinite postponement of a sub- ject is generally held to be incapable, either of debate, or amendment.* 108. What is the effect upon the pending proposition, if a motion to postpone is decided in the negative ? A negative decision of a motion to postpone has no * Cushing (Manual, page 96) however, says, — "If a motion is made /or an indefinite postponement, it may be moved to amend the mo- tion, by making it to a day certain. If any other day is desired, it may be moved as an amendment to the amendment; or it may be moved as an independent motion, when the amendment has been rejected." THE MOTION TO COMMIT. 133 effect whatever upon the pending proposition ; which is then to be treated in all respects as if no such mo- tion had been made. THE MOTION TO COMMIT. 109. When is a motion to commit employed? When the matter of a proposition is such, in general, as the assembly can approve, while the form, in which it comes, is so objectionable, that it would be incon- venient to give it the required shape in the assembly itself, it is usual to refer the subject to a committee. If there be a standing committee within whose prov- ince the subject would properly fall, the matter goes properly to that committee ; if not, a select committee is raised for that purpose. 110. In the event of there being such a standing com- mittee, must the matter be referred to that committee? The assembly may, if for any reason it be thought best, raise a select committee for any given subject, though there be, already existing, a standing com- mittee, to whom the subject should otherwise be re- ferred. But, if it be doubtful whether a particular standing committee is the one that ought to have charge of the matter, and some members are found proposing a ref- erence to the standing, while others prefer to give the subject to a select committee, the motion to refer to the standing committee should be first submitted to a vote of the assembly. 134 EULES OF ORDER. 111. Is a motion to commit subject to amendment? * a ',- A motion to commit maybe amended variously. It may be amended by substituting one committee, or kind of committee for another ; by increasing, or less- ening the number of members proposed ; or by adding directions, or instructions in regard to the subject com- mitted. The motion to commit is, also, debatable. 112. What, among privileged questions, is the rank of a motion to commit ? The motion to commit is in the same rank as the previous question and the motion to postpone, and can- not, therefore, be superseded by either of them. 4 It, however, has the precedence over a motion to amend. \ 113. What is the effect of an affirmative decision of a motion to commit f An affirmative decision of a motion to commit takes the subject of course from before the assembly; if de- cided negatively, however, the subject remains before the assembly, and may then, if desirable, be subjected to the operation of the previous question, the motion to postpone, or to amend. MOTIONS TO AMEND. 114. What is a motion to amend ? When a proposition is in substance agreeable to the wishes of an assembly, but in form, or in some of its details objectionable, it is customary, by motions to MOTIONS TO AMEND. 135 that effect, to correct, curtail, enlarge, or otherwise modify it according to the will of the body. Motions for this purpose are called motions to amend. 115. Is it within the province of a deliberative body thus to alter the character of a proposition submitted for their decision ? The primary and legitimate use of a motion to amende as the term implies, is so to correct, or improve the form, or statement of a proposition, as to aid it in reaching the object which it aims to accomplish. A motion to amend, therefore, is properly an act friendly to the proposition to be amended. But a proposition once moved, seconded, and stated from the chair, is then the property of the assembly, and there is nothing to hinder the introduction of mo- tions to alter it in any way whatever. It is, therefore, perfectly competent for the assembly whenever they think proper, either so to amend a proposition, as to make it more truly answerable to its object, or altogether to turn it away from its original purpose, and render it subservient to objects entirely different and adverse. Accordingly, a proposition is not unfrequently so altered by what are called motions to amend, that its original friends and movers are com- pelled finally to vote against it in its amended shape. Thus, motions to amend are sometimes made to work the defeat of a proposition, and are, in fact, often em- ployed for this express purpose. So entire is the change often effected under color of amendment, that, where no special rule exists to the contrary, matters utterly incompatible with the propo- 136 RULES OF ORDER. sition under consideration, are engrossed upon it, and, in some cases, everything of the original motion, after the initiatory words, " Resolved that" is struck out, and a proposition entirely different added. 116. May an assembly then fix, by special rule, the limits within which an amendment shall be allowed to operate? In order to prevent the improper use of motions to amend, some deliberative bodies have established rules on the subject. Thus, the rule in the United States House of Eepresentatives is, that " no motion, or prop- osition on a subject different from that under consid- eration shall be admitted under color of an amend- ment. No bill, or resolution shall at any time be amended by annexing thereto, or incorporating there- with, any other bill or resolution pending before the House* This, or some similar restriction, seems highly need- ful, and ought everywhere to be adopted as a rule. 117. In what way are amendments usually made ? Amendments, whether applied to original motions, or to other amendments, are usually effected in one of these three ways : (1) by the insertion or addition of words or sentences ; (2) by the removal or striking out of words and sentences ; or (3) by the striking out of some words or sentences, and the insertion of others in their stead. * See J offers on's Manual, page 145 ; also, Cushing's Manual, page 824. MOTIONS TO AMEND. 137 118. What is the proper order of proceeding in making amendments in these several ways ? When a proposition consists of several parts, para- graphs, or sections, or is expressed in a series of resolu- tions, the proper order of proceeding is to begin with the first, and amend, if necessary, each of the parts, paragraphs, sections, or resolutions in order. 119. Is it in order to make amendments to amendments, and, if so , to what extent can this process he carried 1 ? It is quite in ordei to amend an amendment ; but here the process must terminate, an amendment of an amendment to an amendment being wholly inadmiss- ible. 120. Why is such an amendment not allowed? "Were amendments heaped upon amendments in this Yay, the result would be not a facilitating of the busi- ness of the assembly, but a very serious embarrass- ment. Hence, by a well settled usage, the process of amending is forbidden to go beyond an amendment to an amendment, 121. But suppose the object sought in amotion to amend an amendment to an amendment, be a desirable one, hoio, since such a motion is inadmissible, can that object be reached by the assembly ? Whenever an amendment to an amendment seems itself to require amendment, since this is not allowed to be done by a regular motion to that effect, the ob- ject desired can, nevertheless, be easily obtained, by 133 EULES OF OEDER. first rejecting the amendment to the amendment, and then, after amending it in the manner required, offer- ing it again in its altered form as an amendment to the first amendment, which is, of course, entirely in order.* 122. Is it in order to alter, or amend what has already been agreed to by the assembly ? If the assembly has already, by vote, agreed, either to receive, or to reject a proposed amendment, that which has thus been agreed to, cannot be altered, or amended. Thus, if it has been voted to receive as an amendment a given clause, or paragraph, it is not in order thereafter to amend this amendment ; and, if it has been agreed in the like manner, not to strike ou1 certain words, those words cannot afterwards be amend- ed : the vote not to strike out being in effect a vote to retain them, as they stand. Neither can that which has once been disapproved by a vote of the body, be again moved in that form as an amendment. 123. Is there, then, no way of removing, or inserting, as the case may be, words or paragraphs which it has once been decided by vote to retain, or reject ? If an amendment which proposes to strike out apar- * "Thus," says Cushing, in illustration of this, "if a proposition consist of A B, and it is proposed to amend by inserting C D, it may be moved to amend the amendment by inserting EF, but it cannot be moved to amend this amendment, as for example, by inserting G. The only mode by which this can be reached, is to reject the amend- ment in the form in which it is presented, namely, to insert E F, and to move it in the form in which it is desired to be amended, namely to insert E G F." MOTIONS TO AMEND. 139 ticular clause, or paragraph is onco rejected, a motion simply to strike out the same words, or part of them, is not in order ; but a motion to strike out the same words, or a part of them, in connection with other words is in order: " provided always, the coherence to be struck out be so substantial, as to make this effectually a different proposition."* If, on the other hand, an amendment which proposes to strike out, be agreed to, it is not allowable to move to insert the same words, or part of them ; but it is quite in order to move to insert the same, or part of the same words in connection with others ; provided, as before, the coherence to be inserted form, in effect, a different proposition. 124. When it is proposed to amend by striking out cer- tain words, and inserting others in their stead, would it be in order to move for the striking out and the insertion separately ? The motion to strike out one thing, and insert another in its place, is in reality a. double motion. It may, therefore, at the pleasure of the assembly, or even at the call of a single member, be divided. In that case the question is first taken on the striking out, and (that being decided in the affirmative) it is then taken on the insertion. In the event of a negative decision of the motion to strike out, the motion to insert does not of course follow. 125. When the motion to amend by striking out one thing, and inserting another in its place, is once put and * Jefferson's Manual, see. 35. 140 RULES OF ORDER. lost in the undivided, or double form., can the same motion be renewed ? No motion to amend, whether to strike out, to insert, or to strike out and insert, when once lost, can again be moved in the same form.* 126. Is it in order to propose an amendment which is inconsistent with an amendment already adopted ? An amendment which is in conflict with one al- ready accepted, is certainly out of order, and ought at once to be rejected. 127. Is it not the duty of the presiding officer in such case to reject, or suppress, such an amendment, if proposed? Though an amendment that is incompatible with one already approved by the assembly, offers, by that very circumstance, a fit ground for its rejection by the assembly, it is not competent for the presiding officer to suppress it, as being contrary to order ; for, were he allowed to bring questions of consistency like this within the circle of the rules of order, he might often usurp a negative on important modifications, and defeat instead of subserving the will of the assembly. 128. What is the proper mode of stating a motion to amend ? The proper mode of stating a proposition to amend, is first to read the whole passage to be amended, — then the words proposed to be struck out, or the words pro * See answers to questions 122 and 123. MOTIONS TO AMEjSTD. 141 posed to be inserted, or the words proposed to be struck out and those offered as a substitute, as the case may be, — and, last of all, the whole passage as it will stand when amended. 129. In what 'particular order, if any, must amend- ments be put to the vote ? An amendment must, of course, come to the vote be- fore the main question, and, in like manner, an amend- ment to an amendment must take the precedence. But, in the event of there being several proposed amendments to an amendment, they should be put to the vote in the order in which they are moved ; not however, because of any established order of prec- edence, but in view of the fitness, or propriety of the thing. 130. What is the proper form of the question on a mo- tion to strike out f The form in Parliament always is, — shall the words proposed to be struck out stand as part of the princi- pal question : the question being not, Shall they be struck out, but Shall they stand f But in this country, the form of the question always is, — Shall the words be stricken out f* 131. What rank among privileged questions is held by a motion to amend f A motion to amend holds the same rank with the previous question, and indefinite postponement ; con* sequently, that which is first moved must be first put * See JeflVson's Manual, sec. 35, and Cushing, p. 67. 142 RULES OF ORDER. 132. By what motions is the motion to amend liable to be superseded? The motion to amend is liable to be superseded by a motion to postpone to a day certain, that is, to a par- ticular time ; so that amendment and postponement being in competition, the motion to postpone takes precedence. A motion to amend may also be superseded by a motion to commit ; so that the latter motion being offered while an amendment is under discussion, it must be put to the vote first. DIVISION OF A QUESTION, 133. What other changes, if any, in the nature of amendments, can be wrought, by motion, upon propositions before a deliberative assembly ? There are several other changes which may be com- prehended under the general name of amendments, to which a proposition under discussion may be subjected. Thus, it may be expedient to divide a question, or to effect an addition, or union of several propositions, or to transpose the different parts of a proposition, or to fill up blanks designedly left for the action of the as- sembly. 134. What do you mean by dividing a question ? When a motion embraces several parts, each of which forms substantially a separate proposition, the resolu- tion of it into distinct motions, or questions is called dividing the question. DIVISION OF A QUESTION". 143 135. What advantage is there in such a division of the question, and how is it effected? A motion may, in the form of a single proposition, comprehend in reality two or more propositions, one or more of which alone might be acceptable to the assem bly, while the rest might be decidedly objectionable. The advantage, therefore, of a division of the ques- tion is, that it affords the assembly an opportunity to receive, or to reject what part it thinks proper, and that, without embarrassment. The division of a question is effected by an order of the assembly, obtained upon motion introduced in the usual way ; and when divided, the several divisions, or proposition, into which it has been resolved, must be voted upon and decided in the order in which they stand. 136. What should he the character of a motion to divide a question ? A motion to divide a question should state particularly the manner, in which it proposed to make the division. 137. Is a motion for a division of the question, itself ca- pable of alteration, or amendment? A motion to divide is subject to precisely the same rules of amendment as any other. 138. Is it competent for any member that thinks proper to require a division of the question ? It is not unfrequentlv claimed that any member has a right to demand the division of a question, and that without a vote of the assembly. But for this claim there is no good foundation, unless, as is sometimes the case, there is a standing rule in the body to that effect. "The fact is," (Jef. Man., Sect, xxxvi.) "that the only 144 KULES OF OEDEK. mode of separating a complicated question is by mov- ing amendments to it ;" or by an order of the assem- bly obtained, as before said, upon motion introduced, and carried in the usual way. 139. Under what circumstances is an addition, or union of the parts of a question, expedient? Whenever, as often occurs, a motion embraces in form two propositions, while in substance there really exists but one, it is usually thought expedient to add or unite the separate propositions, so as to present the whole matter to the assembly as a single question. 140. What is the mode of proceeding in order to effect such addition fir union ? The addition, or union maybe effected, either by voting down one of the propositions, and then incorporating its substance with the other, or by referring the whole matter to a committee, with instructions to put the two propositions in the form of a single question, or motion. 141. What is the process in the case of transposition ? Whenever it is deemed expedient to transpose a clause, paragraph, or section, there should be a motion to remove it from the place where it is, and another to insert it in the place preferred. THE FILLING OF BLANKS. 142. What is the order, or process observed in filling blanks f When blanks' for the insertion of particular times or numbers are designedly left in a proposition to be filled by a vote of the asssembly, the motions to fill such, blanks are dealt with, not as amendments, but as ORDERS OF THE DAY. 145 original motions, and must be decided upon before put- ting the main question. In the event of there being several different propo- sitions respecting the times or numbers proper to fill the blanks, the general rule is, to put the question first on the longest time and the largest sum. In the British. House of Commons, however the rule is that the ques- tion shall be put first on the smallest sum, and the long- est time.* ORDERS OF THE DAY. 143. What is meant by the orders of the day ? It is often expedient to order, by resolution, a partic- ular subject to be brought up for consideration on a par- ticular day. Subjects thus ordered, or appointed for a specified time, are called the orders of the day for that particular day. * The rule laid down in Jefferson's Manual, and that which gen- erally prevails where there is no special rule to the contrary, is thus expressed (in Section xxxiii): "In all cases of time or number, we must consider whether the larger comprehends the lesser, as in a question to what day a postponement shall be, the number of a com- mittee, amount of a fine, term of an imprisonment, term of irre- deemability of a loan, or the terminus in quern {limit to which) in any other case. Then the question must begin d maxima (from the great- est). Or whether the lesser includes the greater, as in questions on the limitation of the rate of interest, on what day the session shall be closed by adjournment, on what day the next shall commence, when an act shall commence, or the terminus d quo (the limit from which) in any other case, where the question must begin a minimc (from the least). The object being not to begin at that extreme which and more being within every man's wish, no one could nega- tive it, and yet if we should vote in the affirmative, every question for more would be precluded; but at that extreme which would unite few, and then advance or recede till you get to a number which will unite a bare majority." 7 146 RULES OF ORDER. 144. When a question is thus assigned for a given day % is it necessary to specify the "particular hour of the day? . If no particular hour of the day is specified, the or- der, or subject appointed, may claim, and is entitled to the entire clay. If, however, a particular time of the day is named, the order of the day cannot be made a privileged questicm; that is, cannot supersede any pending question, till the appointed hour arrrives. 145. What is the rank of a motion for the orders of the day f A motion for the orders of the day commonly takes precedence of all other business, except a motion to adjourn, or a question of privilege. 146. Supposing several orders, or subjects to have been assigned for the same day, can the motion for the orders of the day be used to call up one of them in particular to the exclusion of the rest ? It cannot ; the motions must be for the orders of the day collectively. 147. How, then, in case of dispute, can it be decided which shall be acted upon first? The rule established by custom is, that they shall be taken up in the order, in which they stand on the record. 148. Suppose, of several orders appointed for the same day, one only is assigned for a particular hour, can the rest, in the event of their being time sufficient, be acted upon before that hour ? If, among several orders of the day, one is named for ORDERS OF THE DAY. 147 a particular hour, the rest may be acted on in due suc- cession, as they stand upon the record, till that hour arrives ; when the subject appropriate to it must come up next in order. 149. Suppose that none of the orders are taken up before the hour fixed upon far that particular one, what course is then pursued? The order for that particular hour is first considered, and the rest follow as they stand on the record. 150. Suppose the motion for the orders of the day he de- cided in the negative, what then is the course to be taken ? In the event of a motion for the orders of the day being decided in the negative, the pending question is thereby entitled to be first considered, and decided upon. 151. Can a motion fbr the orders of the day be made, while a member is speaking ? A motion for the ore lers of the day cannot be made, while a member is speaking, because it is a breach of order to interrupt him, while speaking, unless by a call to order. 152. What becomes of a question, or proposition which has been superseded by a motion for the orders of the day? A question superseded by a motion for the orders of the day, is removed entirely from before the assembly, and, if renewed, must be brought up de novo in the or- dinary way. 148 KTJLES OF ORDER. 153. In the event of an omission to act upon the orders of the day on the day appointed, what becomes of them ? Orders of the day, if not acted upon on the day ap- pointed for them, are thereby made of no effect ; that is, they cannot, unless renewed for some other day, be regarded in the light of privileged questions. But, in case of a special rule or by-law to that ef- fect, orders for a given day, when not disposed of on the day appointed, may have precedence on every day thereafter, till finally decided upon. 154. Can orders of the day, when once made and ap- pointed, be discharged? Orders of the day may be discharged at any time, and a new order made for a different day. QUESTIONS OF PRIVILEGE. 155. What are questions of privilege ? Questions of privilege are those that involve the rights and privileges of individual members, or of the whole body taken collectively : as where a dispute arises respecting the presence of persons not belonging to the body, or where a quarrel takes place between members themselves. 156. What rank does a question of privilege hold among privileged questions ? A question of privilege prevails for the time, over all other propositions, except a motion to adjourn. QUESTIONS OF ORDER. 149 157. What "becomes of a proposition that has been super- seded by a question of privilege ? A proposition superseded by a question of privilege, is regarded as still pending, and must be taken up again just where it was left off. QUESTIONS OF ORDER. 158. What are questions of order ? It is the right and the duty of every member of a deliberative assembly to see, as far as may be, that the rules of order, in every proceeding, be duly observed. He may, therefore, and should in all cases of a breach of the rules, rise to the point of order, and insist upon its being duly enforced. But, if in a case of this kind, a difference of opinion exists, as to whether a rule has been violated or not, the question, which is thence called a question of or- der, must be determined before the application of the rule can be insisted upon. 159. But how is it to be determined? A question of order is usually settled by the decision of the chair and without debate. If, however, the de- cision of the president be deemed unsatisfactory, it is competent for any member to appeal from that decision, and demand a vote of the house on the matter. On an appeal, the question is stated by the presiding officer, and usually in this form : " Shall the decision of the chair be sustained V or, " Shall the decision of the chair stand as the decision of the assembly P 150 RULES OF CKDER. 160. Is a motion on an appeal, like this, debatable? A motion on an appeal from the decision of the chair is to be debated, and in all respects treated like any other question ; and, what is altogether against order in other cases, the presiding officer is permitted to par ticipate in the debate. 161. What effect, if any, beyond the mere delay, is pro* duced upon a pending proposition by the introduction of a question of order ? It sometimes happens, that the decision of a question of order disposes of the question out of which it arose ; but, with this exception, a pending proposition remains wholly unaffected by the introduction and decision of a question of order, and the consideration of it is to be resumed just at the point, where it was interrupted. MOTIONS FOR THE READING OF PAPERS. 162. When, if not always, is it necessary to introduce a motion for the reading of papers ? When papers, or documents of any kind are laid be- fore a deliberative assembly, every member has a right to have them read once before he can be required to vote upon them. Accordingly, when the reading of a paper which has- immediate reference to the matter under discussion is called for, the paper is of course read by the clerk, or secretary, without the formality of a vote to that effect. MOTIONS FOR THE READING OF PAPERS. 151 163. Has, then, any member, the right at any time, to call for the reading of any paper that he may deem perti- nent to the matter under debate ? No member has a right to read or have read any book, paper, or other document, which is not obviously essential to a right understanding of the question before the house. This is manifestly a very proper limitation ; for without it, such delay and embarrass- ment would often ensue as to prevent the transaction of the most important business. When, therefore, a member desires to read or have lead a paper that seems to transcend the limits within which such reading ought to be confined, even though it should be his own previously prepared speech on the subject, he must, for this purpose, if any one objects, obtain permission so to do by a vote of the assembly. 164. Is the reading of a paper ordinarily objected to in an assembly ? That depends upon its apparent aim, or obvious tendency. If the aim clearly is to shed light upon the subject, and so conduce to a more intelligent disposi- tion of it, the paper is ordinarily read, under the direc- tion of the presiding officer, without the least objec- tion. But, when the purpose of the proposed reading is obviously to create delay, or where, for any reason, it seems likely to operate as an abuse of the time and patience of the assembly, it is generally met with a most decided negative. 152 EULES OF ORDEK. MOTIONS FOE THE WITHDRAWAL OF MOTION. 165. When is it necessary to offer a motion for the withdrawal of a motion ? When a motion is once moved, seconded, and stated from tlie chair, it is thereafter the property of the house, and cannot be withdrawn by the mover.* If, however, the mover, either for the purpose of modifying it, or substituting another in its place, or for any other purpose, desires to withdraw it from the House, he is not at liberty so to do, without leave ob- tained by a motion to that effect, regularly made and passed in the usual way. If the motion for a with- drawal is negatived, the matter must be treated just as if no motion to withdraw had been proposed. MOTIONS FOR THE SUSPENSION OF RULES. 166. When is a motion for the suspension of a rule necessary ? When anything is proposed which is forbidden by a special rule, but which is deemed to be of such import- ance as to warrant a suspension of that rule, it is nec- essary to make a motion to that effect. Of course, the motion to suspend precedes the original motion. * This is the rule in Parliament, and the general rule in the Leg- islative bodies of this country. There are, however, exceptions to it ; as in the state Legislature of Pennsylvania ; where a motion, or resolution may be withdrawn by the mover at any time previous to an amendment, or a final decision. MOTION TO RECONSIDER. 153 167. Can a motion to suspend the operation of a special rule, be carried by the will of a bare majority ? If there be no standing-rule, or by-law to the con- trary, a motion to suspend, like any other motion, is carried by a vote of the majority. But, in most delib- erative assemblies, there is an established rule on the subject, y\ r hereby a motion to suspend, in order to be successful, must have a fixed number of votes ; as two- thirds, or three-fourths, for example. MOTIOX TO RECOXSIDER. 168. What is a motion to reconsider ? As the members of an assembly are individually liable to mistakes, so, in their collective capacity, they sometimes find themselves in error. The result is, that in Parliament, where a vote once given is ac- counted unchangeable, great inconvenience ensues, when^it is found, as must occasionally happen, that such vote grew out of, error or misconception. The embarrassments resulting from a rigid adher- ence to this rule have been avoided, in this country, by the introduction of what is called the motion to reconsider ; whereby a decision found to be erro- neous may be reviewed and revised. 169. Under what restrictions, if any, must the motion to reconsider be made ? The time within which, and the parties by whom, a motion to reconsider shall be made, are, in many cases, fixed by a special rule. Thus, in Congress, a motion to reconsider mast be made, either on the same day, 154 RULES OF ORDER. or on the day after the passage of the resolution to which it relates. In respect to the parties by whom a motion to re- consider shall be made, it is a general rule that the proposition must emanate from some member who voted with the majority. 170. In ivhat condition does a motion to reconsider, if decided in the affirmative, place the pending subject ? Should a motion to reconsider prevail, the position of the subject, to which it refers, is exactly what it was before the decision which made the reconsideration necessary. It may, therefore, be resumed at that point, and disposed of according to the pleasure of the assembly. 171. Is the motion to reconsider a privileged one ? A motion to reconsider, in the House of Kepresent- atives, takes precedence of all other motions, except the motion to adjourn ; and, wherever the time within which a motion to reconsider is fixed by special rule, it ought thus to have the precedence. But, where no limitation of time is fixed by rule, that motion has no privilege over a pending question, and is liable itself to be superseded by a privileged motion. (a.) Is the motion to reconsider debatable ? The motion to reconsider is debatable, though it is not allowable, in such debate, to go into the merits of the main question. The frequent disregard of this im- portant distinction has led many to hold that the mo- tion to reconsider is itself undebatable. SECTION VIII. ORDER OF BUSINESS. 172. When a variety of subjects offer themselves for the consideration of a deliberative body, what particular order \ if any, is observed in taking them up ? In almost all permanently organized bodies, there is a particular order of business established by a special rule, or by-law. But, where no such rule exists, the President, unless the matter is, for the time, otherwise ordered by a vote of the assembly, introduces business according to Iris pleasure, or sense of propriety in the case. 173. What advantage, if any, results from a standing rule fixing the order of business f A standing rule, or order of business affords several important advantages. It saves time ; it secures to each topic its proper place ; and, therefore, prevents disputes about precedency, and so facilitates the transaction of business. 174. Must the standing-rule, or order of business, where there is one, always be adhered to ? A rule fixing the order of business, like any other rule, may, upon proper occasion, of course, be suspended. 156 KULES OF OKDER. 175. In cases whce the minutes of a previous meeting are read, is it necessary to approve them by a formal motion ? It is quite customary, after the reading of the min- utes, for a formal motion of approval to be made and submitted ; but such formal action does not appear to be necessary. For, as they must, if correct, be approved, no mo- tion is needed, unless some error is detected in them. Ordinarily, therefore, where no mistake is discovered, it is quite sufficient for the President to say in sub- stance: — " What is the pleasure of the meeting in regard to the minutes which have just been read? If there be no objection, they will be considered as approved." In the event of there being no objection, he simply adds : " The minutes, then, stand approved." 176. Suppose an error is detected, what then is done ? In case of the existence of an error in the minutes, a motion is made to correct, and the correction being made, the President, in submitting the question, says : " Shall the minutes, as corrected, be approved?" If de- cided affirmatively, he simply announces the result, and thus the matter ends.* 177. What is the next step after the approval of the minutes ? Immediately after the approval of the minutes, the President announces the first business, in order, accord- * The minutes, strictly speaking, should contain an account of noth- ing beyond the acts of the body, — what they do, in the appointed method, that is, by motions, orders, or resolutions". ORDER OF BUSINESS. 157 ing to the special rule, if there be one, or if not, what- ever he deems appropriate first to introduce. 178. Suppose the first business in order to he the presen- tation of petitions, memorials, or other communications, in what way are they to be introduced ? Any member charged with the presentation of a pe- tition, or other communication, should, when the proper time arrives, rise in his place, with the paper in his hand, and announce that he has been commissioned to present such a paper. He then briefly describes the character of the document, and unless anticipated in so doing by another member, moves that it be received. 179. Is the member who presents such petition, or other communication, responsible, in any wise, for the character of its contents ? The member that presents a petition or any other communication, should be prepared beforehand to give, if required, a summary of its contents, and to vouch for the decency and respectfulness of its language and sentiments. 180. Is it in order for parties who are not members of the body, to appear therein, and introduce communications? A petition or other communication should always be presented by a member, specially entrusted with that service by the parties from whom it emanates, or by others immediately interested in its contents. But letters and other ordinary communications are usually handed to the President, and b}^ him or by the secre- tary read without further formality. 158 KULES OF OKDER. 181. If received, what further action is taken upon it? If the document be received, it is then handed to the secretary to be read. This being done, the Pres- ident asks what order shall be taken upon it : where- upon, a motion for that purpose being made, it is either acted upon immediately by the assembly, or set down for a particular time, or referred to a committee, or else postponed indefinitely. 182. Supposing the next thing in order to be reports from committees, in what way are they to be introduced ? The time being come for reports from committees, the President, commencing with the first on his list, asks aloud : " Is the committee on (naming the subject) ready to report?" The chairman of that committee, if present, or in the event of his being absent, some other member of it, then rises, and, if prepared to report, says: " The com- mittee, Mr. President, to whom was referred the subject (naming it) have had the matter under consideration, and have instructed me to deliver a report, which is ready to be presented whenever the assembly is pleased to receive it."* 183. Is a motion to receive such report necessary? No motion to receive the report is necessary, or is generally made, unless some objection to receiving it is raised, or it is deemed expedient to fix some other * If not prepared to report, he may simply announce, that the committee is not prepared to report at this time, or he may report progress, or make any statement, or explanation respecting the mat- ter which may appear proper or expedient. ORDER OF BUSINESS. 159 time for receiving it. In either case, a motion must be made, and submitted, in the usual way, either by the chairman of the committee himself, or by some other member of the body. 184. If it he decided to receive the report, what is the ).ext step in the process ? The report is then, by direction of the President, read,* either by the chairman of the committee in his place, or by the secretary. It is then, together with all other papers connected with it, put in charge of the secretary. This being done, the President asks : " What order shall he taken on the report which has just heen read? 185. In what way is it proper to respond to this ques- tion, or what action does it call forth ? As an assembly can dispose of a report of a com- mittee just as they can of any other matter proposed for their consideration, the question, " What order shall be taken on the report ?" elicits, of course, from mem- bers motions, either to accept, or adopt, to amend, f to recommit, or to make any other regular disposition of it whatever. * Where reports are ordered to be printed before being acted upon, as in legislative assemblies, the reading is rendered unnec- essary. j- It is, however, a disputed point, whether the report of a commit- tee can be amended by the assembly. The best usage seems to be against it. Still, according to high authority, a report may be amended just as well as a resolution. Perhaps, the more courteous way is to re-commit with instructions. 160 RULES OF ORDER. 186. What is the effect of a motion to accept, or adopt, if carried in the affirmative f A paper accepted, or adopted by a formal vote of a deliberative assembly, thereby becomes the statement, or sentiment of the assembly itself; for the acts and judgments of the committee, when once adopted in due form, are, by that circumstance, made the acts and judgments of the body, under whose orders they un- dertook the consideration of the subject. 187. Would it be out of order to move the acceptance of a report, and the adoption of the resolutions thereto ap- pended, separately. It is not only not out of order, but, in fact, the better way, first, to accept the report by a regular motion to that effect, and then adopt the resolutions, if satis- factory, by a separate vote ; for, in the resolutions, or recommendations of a committee, indeed, we have a direct expression of the conclusions to which they have been led, and therefore a distinct motion to adopt these, as the conclusions of the body at large seems highly proper, if not essential. 188. What difference of import is there, in this connec- tion, between the terms "accept" and " adopt?" Accept and adopt, when applied generally to a report, or other document submitted to a deliberative body, are usually understood to denote the same thing ; but a more discriminating usage confines the term "adopt" to that act by which the assembly directly and dis- tinctly take, and treat as their own the resolutions, or ORDER OF BUSINESS. 161 recommendations of a report, or other like document ; while the term "accept" is employed in relation to pa- pers containing statements of fact, arguments, or rea- sonings, out of which conclusions are to be educed. 189. When the report of a committee consists of a paper referred to them for alteration, or amendment, what is the order of proceeding ? When the report of a committee embraces merely a paper with amendments, the chairman of the commit- tee reads the amendments with the coherence or proper connections, explains the reasons of the alterations, if necessarj", and so exhibits, in order throughout, all the changes proposed. The report is then, of course, put in charge of the clerk, or secretary. When taken up for consideration by the assembly the amendments only are read by the clerk, or secre- tary. The President then reads each in course, and sub- mits them successively to a vote of the assembly. 190. Is it not allowable, during this process, for mem- bers to offer other amendments ? While the assembly is engaged in disposing of amend- ments proposed by the committee, it is not in order to receive any other amendment, except, of course, an amendment to an amendment, which must then be made, or not made at all. 191. What opportunity, if any, is allowed for amend- ments by the assembly ? The amendments suggested by the committee being decided upon, the President before putting the question 162 RULES OF ORDER. on the whole paper, as amended, or not, as the case may stand, waits a moment to hear, if any, other amend- ments from the assembly, which, are then in order. 192. May a subject on which a report has once been made and presented, be re-committed ? A subject may be re-committed as often as the as- sembly please, either to the same, or to a different committee. 193. When, if ever, is the proper time to hear a report from the minority of a committee ? The motion to hear the report of the minority should follow immediately the reading of that from the ma- jority. Thereafter, both reports being the property of the house, they may be disposed of according to the pleasure of the assembly.* 194. If for any cause, a committee find it inexpedient, * On the mode of proceeding respecting a minority report, Mathias (page 38) has the following: — " Should a committee not be unanimous in opinion, and those in the minority be desirous of placing their views before the meeting, the matter should be introduced immediately after the majority re- port has been read. A member will then move that 'the report and resolution thereto attached be postponed for the present, for the purpose of enabling the minority to present their report/ If this motion prevails, as is almost always the case, the minority re- port will be immediately presented, received and read. It is then in order, on motion, to take up for consideration the resolution at- tached to either of the reports. " If the minority are not prepared to report, a motion may be made to postpone the majority report until the next meeting, in order to enable the minority to get their report ready." — See answer to question 63, p. 66. ORDER OF BUSINESS. 163 or impracticable, to render a report, what course is taken in relation to such a committee? When, for s.nj cause, a committee deem it inexpe- dient to make a report, the chairman, or some other member of that committee should, when the report is called for, rise in his place, and, after making a state- ment of the case, move that the committee be dis- charged from the further consideration of the subject. 195. Supposing a paper consisting of several distinct propositions, or of a series of resolutions, to be laid before an assembly, what order is observed in taking them up? In considering a document embracing several prop- ositions, or resolutions, the entire paper should first be read by the secretary. This enables the members to get a general and connected view of the whole matter. Then, in order the more closely to consider, and, if necessary, to amend each part in detail, the natural order is to begin at the beginning, and go regularly through by paragraphs or resolutions : the President reading each in its turn, and pausing at the end of each to receive and put, if need be, any amendments offered.* When all this is done, the President submits the whole paper, amended, or unamended, as the case may be, to a vote of the assembly on its final adoption. * This order is so rigidly adhered to in Parliament that, when the latter part of a paper has been amended, it is not allowable to go back and make alterations in the previous sections, or paragraphs. In the Senate of the United States, however, it is not forbidden to recur to a former part of a paper, under deliberation, for the pur- pose of amending it. 164 RULES OF ORDER. 196. In the case of a series of resolutions, is it not usual to consider and adopt them separately ? It is quite common, indeed it is the general custom, • in case of a series of resolutions being laid before a deliberative body, to put the question on each, resolu- tion separately : the preamble, if any, being reserved, and acted upon last of all. 197. Why should the preamble he reserved to the last? The preamble should be reserved till the resolutions have been disposed of, because in the event of their being amended, it might require alteration to render it appropriate, or should the resolutions be negatived, it would, of course, fall to the ground altogether. 198. Can more than one subject be under consideration at the same time ? There can be but one main, or principal subject un- der consideration in a deliberative assembly at once, but there may be pending at the same time, a number of incidental, or subsidiary questions, all which have been explained already in the answers to questions un- der the head of Privileged Questions. 199. When the business of a meeting seems to be fin- ished, what course is taken by the President ? Whenever a pause or cessation occurs in the pro- ceedings, the President simply says : " There is no busi- ness before the meeting.'''' This either brings ap new' business, or a motion to adjourn. SECTION IX, - ORDEB OF DEBATE. 200. Wher. is it in order to rise and speak on a motion, or proposition % As a motion, or proposition is not fairly before a de- liberative assembly, until moved, seconded, and stated from the chair, it is never in order to rise and speak on it, until it lias thus formally been introduced. 201. May the President engage in the delate ? It being plainly incompatible with a due discharge of his appropriate duties for the President, as a gen- eral thing, to take part in the debates, he is not al- lowed to do so, except in cases growing out of, or nat- urally belonging to his official position. Thus, he may, and ought, when desirable, to explain points of order ; he may give information of facts bearing upon the busi- ness under deliberation ; and, in the event of an appeal from his decision on questions of order, he is free to engage in any debate thereupon. When, however, the presiding officer does rise to speak, he is entitled to be heard even before a mem- ber who may be already on the floor. In such case. 166 RULES OF ORDER. the member standing should take his seat, till the President has finished. 202. Can a member once fairly in possession of the floor, be refused a hearing ? He that fairly gets the floor, is fully entitled to be heard. He cannot be interrupted by a call for adjourn- ment, or for the orders of the day, or for the ques- tion ; for this is not making a regular motion. " Such calls are themselves," says Jefferson, " breaches of order." 203. In case of a dispute, or of conflicting claims to the floor, who is to decide ? If several members rise and address the chair at once, or nearly at once, the President is to grant the pre- cedence to him whose voice is first heard. But it is competent for any member to question this decision, and to ask a vote of the assembly thereupon. In case of a vote, the question is first taken on the claim of the member, in whose favor the President has decided. 204. Is it ever in order to interrupt a member when speaking on a subject before the house ? It is never in order, as a general rule, to interrupt a member while addressing the house, except by a call to order ;* that is, he cannot rightfully be interrupted in his speech by a member rising and proposing to * It is, in some assemblies, allowable for a member to interrupt a speaker in order to make an explanation. ORDER OF DEBATE. 167 adjourn, or making any other like privileged mo- tion." 35. Yet this rule is not to be so construed or interpreted as to preclude all possible cases or contingences, for such a construction of it would sometimes work great- er mischief than that which it is intended to prevent. Thus, cases may arise, in which it may be of the high- est moment to interrupt a speaker, in order to announce facts or information of immediate and pressing interest or necessity. The whole aim of the rule is to secure a member who has the floor, and is speaking, from all wanton or abusive interruption, as long as he himself observes the rules of order and the decencies of debate. 205. Does a call to order prevent a speaker from finishing his speech ? When the question raised by a call to order has been decided, the speaker is still in possession of his right to proceed ; nor can he be arrested, as before said, even by a motion to adjourn. His right is to a full hearing. There are some deliberative bodies, in which a rule is laid down, fixing the limits in respect to time, within which every speaker is to be confined. But, even where no such rule exists, a tedious or offensive speak- er, though his right to proceed is not questioned, is gen- erally made, by certain indications of impatience in the audience, to see the propriety of closing his speech. * Sometimes, in order to hasten the decision of a question some member will call out — Question I Question ! even while a speaker is on the floor. This is usually regarded as the greatest rudeness ; though often resorted to in order to get rid of a tiresome speaker. 168 RULES OF ORDER. 206. Is a speaker who, for some special purpose, volun- tarily yields the floor, in favor af another, entitled as soon as the object of the interruption is gained, to go on with his speech ? As a matter of favor, or concession, but not as a mat- ter of right, a speaker who temporarily yields the floor in favor of another, is generally permitted, immediately after the interruption, to resume his remarks. If the privilege be denied, he cannot claim it as a right. 207. Does a person speaking in a deliberative assembly, address himself formally to the assembly, or to the presid- ing officer? Whenever a member of a deliberative assembly pro- poses to speak upon a matter in debate, he is expected to rise in his place, with head uncovered, and address himself, inform, directly to the presiding officer: say- ing, " Mr. President, Mr. Chairman,'''' or whatever else may be his title in the body. Thereupon the President addresses the speaker by name, and so introduces and commends him to the attention of the meet- ing. 208. When a member is speaking, is it in order to des- ignate other members to whom he wishes to refer, by their names ? It is not in order, neither is it considered in good taste, in debate, for a speaker to designate other mem- bers by their names : the modes of expression for this purpose being, — " The gentleman who has just taken his seat," or, " The member on the other side of the house,' 1 '' or, " The last speaker but one,'' or some other like indication. ORDER OF DEBATE. 169 209. Wliat restriction, if any, is a speaker under in re- gard to the mode of discussing a subject? Every speaker is bound to confine himself to the question. This is the common and necessary rule. But it must be liberally interpreted, and never, under color of cutting off digressions, be made to hinder a full and free expression of sentiment. 210. Under what restrictions, if any, is a speaker, in relation to his mode of treating other members engaged in the debate ? Every speaker is bound to avoid personalities ; that is, he is not to use harsh, reviling, or unmannerly words of any kind in relation to others engaged in the debate ; but to exercise, in all respects, a courteous and gentlemanly deportment : principles and meas- ures, not the character and motives of those who advo- cate them, being the proper subject of animadversion and reprobation. 211. Under what restriction, if any, is a speaker in respect to his mode of treating the resolves, or other proceed- ings of the assembly ? Every speaker is bound to refrain from the use of reproachful or indecent language in regard to the pre- vious acts, or decisions of the assembly, or any of its committees. He may, however, offer and support a motion to rescind any act or resolution of the body, and in so doing, indulge in the language of invective or reprobation, so long as he violates not the rules of debate. 8 170 EULES OF OEDEE. 212. Is it in order for a member to be present, when the assembly art deliberating upon matters, in which he is per- sonally concerned f It is neither in order, nor in decency for a member to be present in the assembly, when lie is personally interested in the matter under debate. 213. What, if anything, is done, when a member m addressing the assembly, makes use of language that is in- sidting to another member, or to the body at large ? When a member in speaking, indulges in language abusive or insulting to other members, or to the body generally, he is usually interrupted in his speech by members calling him to order. In that case, the party aggrieved, or objecting to the language, is requested by the President, or proceeds of his own accord, either to repeat, or reduce to writing the exact words complained of, so that they may be recorded by the clerk, or sec- retary. 214. Must the words be so recorded? The words, upon being repeated, may be, or appear to be, less offensive, or insulting than had been sup- posed. In that event, the President may hesitate, and unless forced by calls to that effect from the assembly, or by a resolution duly passed, he may, in his discre- tion, allow the affair to pass over by not directing the clerk to take the words down. If that, however, be the clear wish of the assembly, however expressed, the words must be recorded, and the matter in due form settled. ORDEIl OF DEBATE. 171 215. Supposing the objectionable words to be taken doivn by order of the President, or that of the assembly, what follows ? The words being recorded by the clerk, or secretary, are to be read to the member who is charged with using them ; and, if he denies them to be the words which he used, the judgment, or testimony of the as- sembly is taken by a vote on the question whether the words recorded b} r the clerk, and imputed to him, be really liis, or not. Before taking the question, how- ever, it is competent for the assembly so to amend, or alter the words taken down, as to bring them, if pos- sible, nearer to what, in their judgment, the offending member actually did say. 216. What if the member does not deny the words? If the words imputed be not denied, or if the assem- bly decides them to be truly reported, the member is at liberty either to justify them, or to show that, as he used them, they are not liable to the charge of being disorderly, or finally, to make such apology as is due under the circumstances. If the justification, or ex- planation, be deemed satisfactory, or the apology, if he make one, acceptable, there the matter terminates ; and he is permitted to resume, and go on with his speech. 217. How is it ascertained whether, or not the assembly is satisfied with the justification, or explanation, or apol- ogy, whichever it may be ? Whether, in such case, the assembly is satisfied, or 172 RULES OF ORDER. not, is known by their silent acquiescence: the pre- sumption being, that where none object, all agree. But should any two members insist, that the sense of the body should be taken on the character of the words, or on the guilt or innocence of the person using them, the member must withdraw before that question is stated. After his withdrawal, the question is to be taken, and the penalty, if any, fixed by a vote of the assembly. 218. Must the complaint against a member for using offensive language, be entered immediately ? A complaint against a member for using disorderly, or offensive words, must be entered, if at all, at the time the offense is given.* This is a most necessary rule, for if the words be not written down immediatelv, mistakes will occur, and no security will be afforded to any one against mistaken or malicious charges of disorder. If, therefore, the speech of another member, or any other business, be allowed to intervene between the time of using the words alleged to be disorderly, and that of making the complaint, such complaint is not to be entertained. 219. Suppose the presiding officer finds it impossible to restrain a disorderly member, what is his last resort ? In case of persistent disorder, it is the duty of the presiding officer to designate by name the offender. After a statement of the nature of the offense from the President, the assembly should decide upon the punishment, if any, due to the transgression. * Compare, however, Jefferson and Cushing on this point. SECTION X. DEBATES IN FULL. TJNDER this head we here insert a couple of debates, ^ for the purpose of affording a sort of practical il- lustration of the mode of conducting a public discuss- ion. They are, however, in no sense set up as mod- els, in respect to style, expression, or logic. Theirs is an humbler, though a useful aim. They are designed simply to impart, or indicate something of the form and spirit of those real transactions which almost daily oc- cur in deliberative assemblies. They are merely sug- gestive. These debates may be used as exercises in declama- tion, each speaker being represented by a different per- son. In such case, moreover, the speakers might be encouraged to add to, or amplify the arguments and illustrations in their several parts, and so give a sort of original interest to the exercise. Especial care should be taken to preserve the formalities and the decorum proper to the occasion ; for these are things that be- come familiar only by practice. 174 DEBATES IN FULL. DEBATE. WHICH IS THE MORE PERNICIOUS CHARACTER, THE SLANDERER OR THE FLATTERER? FIRST SPEAKER. Mr. President, — It will not, 1 hope, be thought cap tious in me, if I venture to intimate my doubts about the wisdom of proposing such a question, as that which is to form the topic of this discussion. If, in so doing, I should be considered as intentionally impugning the judgment, or wounding the feelings of those whose province it is to furnish us with subjects of debate, I should be sadly misinterpreted. I beg leave, therefore, irt the outset, to disclaim any and every purpose of dis- paragement, that might be inferred from the position which I take on the present occasion. Evil speaking, sir, which is the Bible expression for slander, is a crime of the darkest character ; so much more heinous than flattery, that it seems almost like sharing in the guilt of slander to assume, as this ques- tion does, that the two things differ from each other so slightly, as to make it difficult to determine their com- parative iniquity and enormity. Slander, Mr. President, is among the most cruel, as it certainly is among the most criminal things in the world. It justly ranks, in the common estimation, with theft and with murder ; and often, therefore, in meta- phor, does it bear these odious names. Nothing, ac- cordingly, is more common, even in prose, to say no- thing of poetry, than such expressions as, " to rob one THE SLANDERER AND THE FLATTERER. 175 of his good name," "to stab one's reputation :" steal- ing, stabbing and slandering being, it would seem, closely allied in guilt, and naturally associated in the mind. Though these, sir, are my views of slander, I would not, on that account, have you imagine, that I stand here as the apologist of flattery. On the contrary, I am prepared, on every proper occasion, to condemn this latter vice in terms quite as severe as the most rigid moralist could either wish, or require. Still, sir, that would not prove the justice of the comparison here instituted. Flattery is bad ; slander is bad ; but are they equally bad, or so nearly alike in power for mischief, as to warrant serious doubts about their comparative malignity ? Certainly not. In the flatterer, generally, you find no evil intent His conduct exhibits weakness, rather than wickedness ; weakness deplorable, indeed, but not altogether unami- able. In- the slanderer, on the contrary, you may always detect the presence of malignant principle, — the pointed, premeditated purpose to work the ruin of character. Like the race whose wickedness brought destruction by the flood, " every imagination of the thoughts of his heart is only evil continually.'** Even in their mildest developments, these two char- acters differ immeasurably. There is a flattery, mov- ing gently, and only by implication ; there is a slander, moving secretly, and onbr by insinuation. The former is delicate, not venturing to appear in words. The latter is cunning, not daring to deal in direct accusa- * Genesis, ch. vi., v. 5. 176 DEBATES IN FULL. tion. The one is cheerful, and hopes to van by the appearance of admiration. The other is grave, and calculates to succeed by an air of mystery. In the one, you see the semblance of deference and candor ; in the other, you observe the look of shrewdness and watchful suspicion. The one bows, it may be, with simulated reverence; the other shrugs the shoulder, and labors to act out the villany which he has not the courage to utter. But, sir, I feel that, in pursuing this comparison, I am, as it were, doing violence to reason : undertaking to force the application of a standard which is obviously illiberal and unjust. To me, the question seems not only far-fetched, but absurd. It is comparing moun- tains with mole-hills. It is asking whether the bite of a flea is more fatal than that of a mad dog ; whether the mosquito infuses a poison more subtle and deadly than that of the rattlesnake ; whether flakes of fleecy snow, gently falling on the traveller's head, are more terribly destructive than the weight and might of the irresistible avalanche. It may be, sir, that I am mistaken in this view of the case. If so, I hope soon to be enlightened. But, with my present convictions, right or wrong, I can see nothing to dispute about. There is no debatable ground in the question ; at least, so it seems to me, and, for that reason, I shall take my seat, and wait, as befits me, the issue of that light, whencesoever it may come, that is destined to confirm, or overthrow the conclusion I have reached. THE SLANDERER AND THE FLATTERER. 177 SECOND SPEAKER. Mr. President, — The gentleman to whom we have just listened, finds, it seems, no sufficient ground of comparison between slander and flattery. He won- ders, why such a question should ever have been in- troduced, and seems really afraid, lest, by the formal discussion of it, our reputation, if not for sanity, at least for soundness of judgment, may be seriously im- paired. I do not, sir, I must say, share with him in his amiable solicitude, and, therefore, hope sincerely that this debate, which he so much deprecates, may, at least, prove equal to the task of removing all his pain- ful forebodings. I am far, sir, from thinking with him, that slander and flattery are divided by such immeasurable dissim- ilarity. With him, flattery wears many objectionable features ; but, after all, she is not utterly vile. There is, he appears to think, something of fascination in her air, something of sweetness in her tones and modula- tions, nay, something even of benevolence in her dis- position, which wonderfully atones for all her defects and delinquencies. In slander, however, he finds nothing but evil, un- mixed and unmitigated. It ij to him what Polyphemus was to the terrified Trojans, — "Monstrum horrendum, informe, ingens."* Now, sir, I am inclined to regard this view of the * A monster terrible, deformed, and hnge. 8* 178 DEBATES IN FULL. case, as hasty ; founded rather in first impressions and particular prejudices, than in any careful and profound analysis of the things themselves. Flattery seems, so to speak, to have struck his fancy. He, accordingly, views her only in the distance, and, as here, as else, where, " distance lends enchantment to the view," he is captivated with the semblance of excellence, or, at least, softened by the smiling, but deceptive aspect of truth and candor, which she wears. But, sir, be not deceived. Bring this fair creature into nearer view. Take off her smooth disguises, and resolve all her plausibilities into plain matter of fact ; then place her side by side with slander, and you will be astonished to find in these two characters, not only similarity, but absolute identity. Both originate in the spirit of deception. Alike in essence and in aim, they go forth, differing only in outward accidents and circumstances, deceiving, and to deceive continually. It is idle, then, sir, to dwell upon the pleasing as- pects of flattery, as constituting higher claims to innocence than those that may be urged in favor of slander. These seductive charms, rightly interpreted, are only so many withering blasts of testimony against her. Is the poison which is sweet less fatal than that which is bitter ? Was the bite of the asp, though it worked by slow degrees, and gentle stupefaction, less fatal to Cleopatra, than would have been that of the more malignant adder, which advances by rapid steps and violent convulsions ? But again, sir, I say, be not deceived. If flattery is to be excused, or palliated on the ground of extei nal appearances, I am for extending the same favoi to THE SLANDERER A^ T D THE FLATTERER. 179 plander. It, also, has its fair side, its ingenuous air, its agreeable professions. The slanderer is no novice in the arts of pretension. He covers his iniquity in the most judicious and skill- ful manner. If there be merit in a mask, he is fully equal to the flatterer in the ease and dexterity, with which he assumes and wears that article. He has the show of public virtue. He affects to believe what he affirms, and for the sake of others, he seems ready to risk the perils that ever belong to the exposer of vicious persons. His position is that of a friend w r arning us against danger. He often leads us to regard him as the best friend of virtue, because he appears to be the most fearless denouncer of vice, In short, he plays the hypocrite. But this is exactly what the flatterer is doing all the while ; and, in this, if he excels the slan- derer, he thereby only proves, that, for all the purposes of mischief, he is more facile and fertile in expedients. I have thus, sir, I hope, shown you, that slander and. flattery, so far from being utterly unlike, are really identical in essence, and alike, also, in some of their more important manifestations. If this be so, then is the question before us not liable to the critical objec- tions, which have been started against it, — then may we proceed, in the discussion, without sdrious appre- hension about the safety of our reputation for judg- ment and discrimination. Having disposed of the gentleman's cavils and argu- ments, as best I could, I beg leave to close my remarks by directing your attention to one peculiar trait of the flatterer, wherein he seems to me to surpass incompar- ably every degree of enormity, of which the most will- 180 DEBATES IN FULL. ful slanderer is capable. It is this : the slanderer at tacks, perhaps ruins, your reputation ; but the flatterer assaults, and is most certain to destroy your character. Character, you know, sir, is what we are ; reputation what we seem, or are said to be. The slanderer seeks to injure us in the estimation of others. He often succeeds in his purpose ; but, if we are guiltless of his charges, if we are really pure in heart and pure in hand, though our reputation may be injured, our character is still unhurt. We have the mens conscia recti, the mind conscious of the right, which enables us to rejoice even in the midst of suf- fering. Aristides was driven from his native country by a successful assault upon his reputation, and Soc- rates drank the fatal hemlock, because of similarly foul aspersions ; but both being pure in character, and strong in conscious virtue, the one only prayed, that his coun try might never be in circumstances to need his return while the other, instead of quailing under the near ap proach of death, calmly assured his infatuated judges " that an honest man needs to fear no evil, either in this, or the future life" But, sir, the flatterer aims at a nearer and a dearer object. He studies out "the soft approaches of the heart," watches its weaker inclinations, and gently in- sinuates the baneful seeds of vanity. By this subtle process, the understanding is gradually darkened, the judgment is warpecl, conceit is taken for actual attain- ment, and all the foundations of solid worth are effect- ually undermined. Thence comes the custom, and out of that the habit, of seeking in pretension a sub- stitute for possession, accepting the praise, without THE SLANDERER AND THE FLATTERER. 181 having the reality of merit, and, in a word, relying for success and for satisfaction on a reputation unsupport- ed by correspondent character, — the shadow, instead of the substance, of virtue. This, sir, is the legitimate consequence of successful flattery. If slander tarnish our good name, we may hope to brighten it again by dint of good living ; but if, by the hand of flattery, however fair, however deli- cate, the fountains of good living be themselves roiled and poisoned, w^hence, whence, shall the deluded soul look for the means of retrievement ? THIRD SPEAKER. Mr. President, — I listened with pleasure to the mem- ber who has just addressed us ; but not with the pleas- ure that results from satisfaction with a sound course of argument. If clearness of diction were always sy- nonymous with soundness of logic, I should doubtless be tempted, by the seemingly transparent view of the case, which he has presented, to yield the position which he claims in this discussion. He assumes, without a shadow of proof, that all flattery is designed to do mischief. It is by this as- sumption, in great measure, that he is enabled to com- plete his view of the absolute identity of slander and flattery. But for this, the parallel would not hold out. Now, sir, here I must take issue withhim. I deny, that flattery uniformly aims at mischief to the party flattered. On the contrary, nothing can be more certain, than that, in most cases, as intimated by the opening speaker, the motive of the flatterer is a kind, a benev- 182 DEBATES IN FULL. olent one. I do not say, — I do not mean to say, that this is the best, or even a good way, of exercising kindly feeling. I merely note the fact. If this be so, and I see not how it can be reasonably controverted, then, sir, the argument derived from it remains jet unanswered. And that argument seems to me quite irresistible ; for the notion of kindly in- tention is altogether incompatible with the idea of slander. In a thousand ways, may flattery be employ- ed, with comparative innocence, if not with positive ad- vantage ; in not one is it possible to conceive of slander without guilt of the deepest dye. The mother, watching with fond anxiety the first efforts of her child to walk, to sing, to read, to do any- thing yet unlearned or unattempted, may innocently, we should think, encourage hope and stimulate exer- tion by the use of flattering words. The teacher whose task is to study all those arts, by which the youthful mind is roused to energy and perseverance in the pur- suit of knowledge, can hardly be denied the agency ol flattering expressions of approbation in the prosecution of his arduous duties. Shall the generous }^outh, am- bitious of high civil or military distinction, no longei find encouragement in the song of grateful adulation, or the speech that deals in lofty panegyric ? Shall all the agreeable courtesies of society be forever relin- quished, because they are denounced as the offspring of flattery? It is not, then, sir, too much to assume, that flattery is frequently found not a little beneficial in its opera tion. It may, it is true, be employed for wicked pur- poses; but that, sir, may be affirmed of almost every THE SLANDERER AND THE FLATTERER. 183 thing. We do not surely require to be reminded, that the abuse of a thing is not to be taken as an argument against the legitimate use of it. That which, rightly used, is known to be a wholesome food or an efficacious remedy, is often equally well known to be, in rash or ignorant hands, a most deadly poison. The gentleman dwells upon the seductive arts of flattery, the engaging manner which she assumes, in order to accomplish her purposes. Well, in that he is certainly right. She is doubtless fair in form, and in possession of many attractive graces. But is not this an odd sort of objection ? Without these arts and graces, would she be flattery at all? If his objection, therefore, be resolved into its ultimate essence, it will be, that he objects to flattery, because it is flattery. So do we all ; but what has that to do with the imme- diate question before us ? But his design evidently is to gain something, in this argument, by lingering upon the false, though fair, fea- tures of flattery, as though slander were a creature of honest countenance, and manly bearing, and altogether above petty deceptions. But what, sir, is the reality of the case ? Does the gentleman require again to be informed, that slander is quite as plausible as flattery? When Iago proceeds to awaken the cruel suspicions of Othello, what guise does he assume but that of friendship ? The odious mask of friendship, vso well pre- served in the character of Iago, is scarcely less revoking to our better feelings, than the foul aspersions which he breathes, or insinuates against the guiltless Desdemona. This scene, in the great Dramatist, is realized every day in the actual drama of life. " What God hath 184 DEBATES IN FULL. joined together, let no man put asunder," is the sol- emn injunction of Holy Writ ; but here is a creature, in form, a man, in fact, a demon, who, regardless alike of the laws of earth, and the prohibitions of Heaven, takes the guise of disinterested friendship, and, under that guise, works, by the excitation of rage and jeal- ousy, the utter dissolution of the marriage bond, and the utter destruction of helpless innocence. Yet, the gentleman talks about the fair, but decep- tive forms of flattery. What form, sir, more fair, or more deceptive, can the flatterer assume, than that of the viperous Iago, when he worked upon the suspicions of the jealous Moor? But, sir, I see the slanderer in other scenes. Here is a youth, high in promise, elate in spirits, breathing all the fullness and freshness of early hope. He is honest, active, intelligent, industrious, competent every way. He has ventured to establish a business of his own. He has labored long and assiduously, for one so young, to deserve the confidence of his fellow-men. This only he needs to secure success in his new under- taking. But he has competitors. These, if only the rivalry were generous, might serve rather to energize than to enfeeble his efforts. But there is one who is determined to defeat him. All at once, in a quarter vital to his prosperity, some adverse influence begins to operate. What can it be, that thus secretly affects his credit ? What oversight in trade, what imprudence in expenditure, what ap- pearance of extravagance, has been discovered, or im- agined ? Why, why are the former facilities so sud- denly, so absolutely, cut off? These questions start THE SLANDERER AND THE FLATTERER. 185 up in the doubting, disappointed soul. They harass by day ; they make sleepless his night ; they wound his pride ; they crush ambition ; they generate all gloomy imaginings; and when, perchance, the hour of reparation is forever past, all at once he learns, that what eluded his search, though it ruined his business, was nothing more nor less than the poisonous breath of the secret slanderer. In this latter case, as in the former, sir, the slanderer is supposed to operate successfully, only because of an ingenious mask. He would guard a friend against the snares of an unworthy debtor ; he had no secret grudge, or evil motive of any kind ; not he. It was pure, disinterested friendship. This was the pretense, the smooth outside, which the treacherous transaction was made to assume. Now, sir, since this matter of appearances has been so prominently urged, I insist upon your comparing these disguises of slander with those attributed to the flatterer. Are those of the former less ingenious, less imposing, less effective any way, than those of the latter? I leave your own judgment, your own con- science, to answer. _ I might, Mr. President, proceed to give other illus- trations of this point ; but I feel it to be unnecessary. I am satisfied that you will, and must, agree with me in the conclusion, that whatever covering they may put on, whatever air they may assume, whatever lan- guage they may adopt, these two odious characters differ from each other most widely, in this, that the slanderer far outstrips the flatterer in the production of deep and lasting detriment. 188 DEBATES IN FULL. FOURTH SPEAKER. Mr President, — The considerations offered by the last speaker certainly seem somewhat forcible. Their force is, however, I think, mainly apparent. It grows rather out of a certain ingenuity of statement, than out of any real power in the argumentation itself. Does not all that he has urged, amount just to this ? There is nothing good in slander ; there is something good in flattery ; ergo, slander is worse than flattery. This short syllogism comprehends the burden of his speech ; on this he seems fully to rely, as the lawyers say, for a verdict in his favor. The syllogism, too, looks like a valid one. It has, indeed, somewhat the air of that flattery which he here advocates. Yet, sir, its validity, after all, is merely apparent, as I hope to show you. In all reasoning, direct or indirect, in order to ren- der a conclusion satisfactory, there must be no uncer- tainty about the premises. But are the premises, in the present instance, perfectly clear and satisfactory ? It has already been shown by a previous speaker, that slander and flattery both equally and essentially originate in the spirit of deception. To call things by their right names, they are only different phases of lying. Every slander is a lie, — every flattery is a lie. This may seem strange language in this place ; it may sound harsh, and even coarse, to ears polite. But, sir, is it not true ? Assuming this to be true, — for I see not how it can be otherwise considered, — how, I ask, can it be shown, THE SLANDERER AND THE FLATTERER. 187 that falsehood, when it appears in the shape of slander, has no good in it, but the moment it takes the guise of flatteiy, it has some good in it ? Will it not be necessa- ry, in order to give validity to the gentleman's argu- ment, to prove, beyond the shadow of a doubt, that good is sometimes found in lying? And, for that purpose, will it not further be necessary to demonstrate, and that in the very face of Holy Scripture, that "a lying tongue " is not one of the six things hated of the Lord ?* For, surely, sir, God cannot hate good in any form. The fact is, Mr. President, flattery is falsehood, and slander is falsehood, and there is no good in either. Take, therefore, out of the gentleman's syllogism the words slander and flattery, and insert in each place the word lying, which is the proper equivalent, and its fal- lacy will immediately appear. It will then stand, thus : There is no good in lying ; but there is some good in lying ; ergo, lying is worse than lying ! — Surely, sir, the gentleman does not hope to convince by reasoning like this. He must, on the contrary, consent to bring the two characters, named in the ques- tion, into fair comparison. They are both deceivers, both entitled to high distinction for works of wi( ked- ness. Yet they differ widely in their power, and ten- dency to evil. Let us, therefore, adhere to the real point in dispute. That point is simply— which of these two confessedly pernicious characters, is the more per nicious ? Now, I maintain, that the arts, or means employed by the flatterer, enable him to do greater mischief, and * Proverbs, ch. vi., ver. 16, 17, 18. 188 DEBATES IN FILL. that, in general, he does do greater mischief; than the slanderer ever can do by any possibility whatever. The world is full of the memorials of flattery's ruinous agency. When Milton sang " Of man's first disobedience, and the fruit Of that forbidden tree, whose mortal taste Brought death into the world, and all our woe," he sang of the terrible consequences of flattery. Alas ! poor Eve, though in thy disobedience we recognize the source of all human calamity, we cannot but sympa- thize with thee, when wavering under the tempting tongue of the flatterer. Who, who might have with- stood that subtle and seductive strain ? Even as it appears in the fancy of the poet, there is a charm about it that makes us lend a willing ear, and even forget for a moment, that we are listening to the voice of the Devil: " Fairest resemblance of thy Maker fair I Thee all things living gaze on, all things thine By gift, and thy celestial beauty adore With ravishment beheld ! there best beheld Where universally admired; but here In this inelosure wild, these beasts among, Beholders rude, and shallow to discern Half what in thee is fair, one man except, Who sees thee? (and what is one ?) who should'st be seen A Goddess among Gods, adored and served By angels numberless, thy daily train." " So glozed* the Tempter," adds the inimitable poet. * Gloze is formed from gloss, just as glaze is formed from glass. Gloss, in Greek yXooo-a, the tongue, is used to signify a note, com THE SLANDERER AND THE FLATTERER. 189 M So glozed the Tempter I" What word, in all the lan- guages of earth, could so well describe this diabolical transaction ? "So glozed the Tempter !" It was by ghzing, that is, by flattering with the tongue, that the foul fiend contrived, in the person of Eve, to achieve the ruin of the race. How many, many thousands of her fair descendants have since been rained by the same hellish agency, what tribunal, save that of the final judgment, can ever, ever disclose ? The cup of Circe and the song of the Sirens, in the old mythology, both admirably symbolize the com- bined fairness and foulness of flattery. It is delightful to the taste, but brutalizing to the taster ; it is enchant- ment to the ear, but death to the hearer. Virtue often derives vigor from the assaults of slander, but where is the vigilance which flattery may not surprise, or where is the firmness which flattery may not under- mine ? How many kings, statesmen, heroes and ce- lebrities of every name, whom neither the might of armies, nor the money of a Croesus could ever subdue, or purchase, have yielded themselves willing captives to the power of a delusive tongue ? How many com- munities, whom no threat of tyranny, no promise of bounty, could, for one instant, induce to tolerate the exercise of despotic rule, have, by the influence of cajoling demagogues, been subjected to a despotism more odious than that of Dionysius, more infamous than that of the Caesars ? ment, or explanation ; thence, also, a specious, or artful interpretation, and, by easy transition, brightness, or superficial lustre. Qloze, therefore, is literally to tongue over anything, that is, to invest it with a smooth and £air outside ; to delude by flattery. 190 DEBATES DT FULL. Sir, a life of virtue is the death of slander. He that is upright in principle, and circumspect in walk and conversation, is generally beyond the reach of per- manent injury from the touch of slander. But what discourages and defeats the purposes of slander, often invites the stealthy approach of flattery. The slanderer stands at a distance, and endeavors to bring ruin upon us from abroad. The policy of flattery is to make us work out our own destruction. It deals in traps, pitfalls, and snares of every descrip- tion. It is a sort of moral chloroform, that steals away the senses, and disarms the soul. " Faithful are the wounds of a friend," says Solomon, " but the hisses of an enemy are deceitful ;" and, sir, compared with flattery, slander is a friend, — one that, at least, keeps us on our guard, making us watchful, however undesignedly, against whatever act, or indul- gence might justly expose us to the tongue of animad- version. But, sir, I will not longer trespass upon your pa* tience. The matter in dispute is too clear to need fur- ther explanation, and its decision will, I hope, serve to show, that you fully concur with me in the opinion, that whatever be the magnitude of the slanderer's guilt, that of the flatterer is greater still. FIFTH SPEAKER. Mr. President, — I am little versed in metaphysical speculations. In truth, I have very little taste in that direction. You will not, therefore, expect me to lin- ger long, either on the lines of essential distinction, if THE SLANDERER AND THE FLATTERER. 191 an v there be, between slander and flattery, or upon the proofs of their original and generic identity, supposing that view of the case to be the true one. 11 Well," exclaims some one, "but what disposition will you make of the argument founded upon the con- sideration, that they are both essentially deceivers. Are they not alike in guilt, as they are alike in nature? "Will it not be indispensable to go somewhat into what you call { metaphysical speculation,' in order to satisfy the demands of the discussion?" To all this I answer, — suppose I accept, as I really do, the doctrine that the slanderer and the flatterer both spring from the same parents, that is, both have their origin in a lying spirit. What will that prove ? It is only by operating upon the principle, that he that oftendeth in one point, is guilty of the whole, a decla- ration that respects the perfect law of God, and which makes all sin equally an infringement of the Divine commandments, that you can derive anything like an argument from the assumed identity of slander and flattery. Still, let us apply that standard. What is the re- sult? Why, since every sin is, according to the hy- pothesis, equal to every other sin, it follows, that the inherent guilt of these two things is precisely equal. But granting them to be equal, in this respect, what do you gain by the disclosure? The question is not, which is the more wicked character by nature, but which, by the exercise of that wickedness, produces the greater mischief. Well, now it does seem to me, that a lie that is merely complimentary, cannot be so deleterious as one Ili2 DEBATES IN FULL. that is abusive and malicious. There are many people who, without the least evil intent, nay, with the best intentions possible, are always seeking to say kind things, though they may be somewhat exaggerated. They are, indeed, lavish sometimes in the use of com- plimentary terms. But we never, on that account, think of dealing harshly with them. We regard the inten- tion, and look with indulgence, if not with approbation, upon the motive that governs their conduct. But how is it, in the case of him who puts forth the language of calumny? What mitigation comes, or can come, from considering Ails motive? What kindly impulse, what benevolent end, throws, or ever can throw, over his vicious career the mantle of all-bearing, all-believing, all-hoping Charity? We can have no conception of slight slander, or inoffensive defamation. It would be a solecism in terms, to speak of such a thing. Slander is never slight, never inoffensive, be- cause were it so, it would no longer be slander. The poison which it discharges, is always of the most fatal character. How differently do slander and flattery appear in the eyes of the Legislator I We often hear of suits and trials for slander ; but who has ever heard of suits and trials for flattery ? There is an argument in this fact. Were flattery equally deleterious with slander, it cer- tainly would have been ranked among penal offenses in the Statute Book. Instead of that, it takes ground with those numerous vices which, being considered too slight, or too subtle to be reached by the arm of the Leg islator, are necessarily handed over to the pen of the Satirist, that is, to the potent voice of public Opinion THE SLANDERER AND THE FLATTERER. 193 The law, in tins particular, no doubt, as in all others, is governed somewhat by the quo animo, the secret purpose, the motive. It compares the hearts of these two characters, as well as the outward workings and consequences of their action. On this ground, undoubt- edly, in great measure, it punishes the one with ex- emplary damages, while it dismisses the other, not as altogether guiltless, but as properly belonging to a more indulgent tribunal. This interior view of the slanderer's character, Mr. President, may, perhaps, help more than anything else to bring us to a just decision of the point in dispute. Take a faint picture of the slanderer's head and heart, — the secret chambers of his soul, when he proceeds to operate in his appropriate sphere. See Memory, Sea- son, Judgment, Imagination, Hope, Fear, Envy, Malice, Hatred, Pride, Vanity, Selfishness, all the powers and passions assembled in secret conclave against virtue and innocence. See Memory furnishing facts and cir- cumstances ; see Eeason and Judgment, the distinguish- ing attributes of our common humanity, forced into the debasing office of constructing false and sophist- ical arguments ; see Imagination busily engaged in moulding the vilest fancies into the forms of reality ; see Hope, even Hope, that should ever be the sweet solace of misery and misfortune, smiling complacently and promising success to the foulest conspiracy ; see Fear whispering caution, Envy exulting in the prospec- tive calamity of a neighbor, Malice joining hand with Hatred to infuse the bitter poison of antipathy ; while Pride, Vanity, and Selfishness, creatures one in spirit, and different only in their modes of manifestation, 194 DEBATES IN FULL. combine their energies for the encouragement and consummation of the diabolical enterprise. But, sir, I would not seek further to depict this " Stj^gian Council," — this perfect Pandemonium of the soul. But what, what, I ask, must be the measure of that iniquity, that can combine for the execution of its purposes, forces, moral and intellectual, so opposite and incongruous as these ? One more thought, Mr. President, and I will bring my observations to a close. That thought is, that a very reliable argument in favor of the side which I here advocate, might be drawn from the testimony of the wise and good of all ages and countries. I have not the testimony at hand, of course ; and, if I had, it would be altogether too voluminous to offer in detail, as you know. But I venture to affirm, that could this be done, their views would confirm mine, with scarcely a dissentient voice. One example only I can now recall from among the ancients ; but that in- dicates, I doubt not, the spirit that pervades them all. Diogenes, the famous old Cynic, being asked, on a cer- tain occasion, of which beast the bite was the most dangerous, immediately answered, " If you mean wild beasts, it is the slanderer's ; if tame, the flatterer's !" In this answer of Diogenes, I recognize the fair, un- biassed judgment of mankind. With him, the slan- derer instantly takes the features, traits, characteristics, or what not, that belong peculiarly to the wild, fero- cious beast of prey, compared with which, the flat- ter jr is a creature tame, gentle, and harmless. Do not, sir, misunderstand me. I am not advocating the claims of flattery to moral purity ; for it has none. THE SLANDERER AND THE FLATTERER. 195 On the contrary, I see clearly and regret deeply its sad delinquency. But, if asked whether it exceeded, in my opinion, the measure of wrong-doing that be- longs to slander, I could, with a clear conscience, and with a firm voice, adopt for answer the words of the immortal Shakspeare : " No ; 'tis slander, Whose edge is sharper than the sword, whose tongue Outvenoms all the worms of Nile ; whose breath Rides on the posting winds, and doth belie All corners of the world : kings, queens, and states, Maids, matrons, nay, the secrets of the grave, This viperous slander enters." SIXTH SPEAKER. Mr. President, — The labor of our opponents, in this debate, has thus far been directed, it would seem, to the purpose of giving to flattery the aspect of a very venial offense. This has been attempted in two ways ; first, by dwelling upon the deformities of slander, and so filling the mind with a sense of its enormity, as ef- fectually to exclude, for the time, the idea of equal wickedness in flattery ; secondly, by painting flattery in colors calculated to conceal, rather than display her real character : presenting her in the form of a maiden, fair, fascinating, full of smiles, compliments, and all sorts of winning ways, overflowing, moreover, with benevolence, and, therefore, prodigal to a fault in the language of praise. Nothing could be more fallacious than this mode of dealing with our question. No, sir; flattery is far from being confined to slight 196 DEBATES IN FULL. exaggeration, and innocent hyperbole, It is, in truth, a gigantic evil. It is interwoven with the whole frame- work of society, and encrusts it everywhere with the smooth shell of hypocrisy. Not only is the tongue en- listed in its service ; but all features of the face, all mo- tions of the body, are carefully trained to do its bid- ding. It is confined to no class ; it is restricted to no country ; it works always, and works stealthily ; and, if unrestrained, would soon make us see, in a sense dif- ferent from that intended by Shakspeare, that "All the world 's a stage, And all the men and women merely players." Now, sir, in this fact, in this universal presence of flattery, I find an argument. The power of the flat- terer for mischief, nay, sir, the necessary result of his action, is greater far than that of the slanderer, because he has a wider field of operation. The slanderer must work cautiously ; he must balance, with skill, the prob - abilities of the case ; he must, as the last speaker has observed, summon in council the faculties of the mind, before he can venture to act at all. He knows that detection will not only be fatal to his plot, but, also, fatal to him. But the flatterer, confident of success, because he is confident of a pleasant reception, and because, more- over, he has, generally, no apprehension of personal danger, proceeds to his task without delay or impedi- ment. If he succeed, his joy is complete; if he fail, he has suffered nothing but slight repulse, — a look of pity, or a smile of contempt. THE SLANDERER AND THE FLATTERER. 197 The necessity of caution and the dread of conse- quences, you see, sir, seriously impede, and greatly circumscribe the operations of slander. Still further are they limited by the comparative fewness of the objects, upon which it can be made to operate at all. If appearances be not decidedly against the party slan- dered, or the ear of the listener be not strongly predis- posed, the voice of the slanderer is heard usually with something of distrust. The semblance of truth must be carefully preserved in every particular ; for the least improbability is sure " To cast Ominous conjecture on the whole success." Flattery, on the other hand, courses, unchecked, over the whole field of human existence. It clothes the maiden with imaginary charms, and satisfies her soul with empty professions ; it diverts the manly youth from sober pursuits, makes him impatient of salutary restraints, and absorbs his time in enervating pleasures ; it dims the vision, and weakens the arm of parental discipline ; it urges folly to claim the honor due only to wisdom ; it induces cowardice to be per- fectly content with the mere uniform of courage ; in short, it encourages all the vices and defects of the race, to hide their native deformity, even from themselves, under the forms and coverings peculiar to the virtues and perfections opposite to each respectively. If you ask for particular examples, they start up in every direction. Look at yonder rich man's table. Who is he, with servile look and mock delight, that sells his birth-right of independence for a mess of pot- 198 DEBATES W FULL. tage? It is the parasite, — a name that contains the best history of the man.* Who are these finely dressed, but anxious looking people, craving admission into the circles of the so- called aristocracy ? They are those mistaken children of fashion, in whom flattery has contrived to extinguish all proper self-respect, and implanted, in its stead, a vain desire to be considered the elite ; who, flattered by the condescensions of those whom they suppose to be above them, mistake sufferance for civility, and the form for the fact of high social standing. But who is this? He is all graciousness, — "all things to all men," not, however, that he "may by all means, save some," but that he may, by any means, in- veigle many. With what hearty grasp he seizes the hand of the sturdy smith ! How eagerly he inquires after his family; how ready his joke, how loud his laugh ! Was ever man so social ? Who is he ? The politician, — the keen pursuer of place and power. He is now a candidate for some lucrative office, and these people, among whom he is so freely dispensing bows, smiles and compliments, are the voters. What are his claims to preferment ? His skill in the use of flattery. What palace is this ? It is the abode of the courtier — the professional flatterer. Let us enter. Who are these, with eager look and anxious brow, that await his coming in the spacious hall ? It is the crowd of ex- pectants, whom his reputed kindness and affluence have * Parasite, (from the Greek napd, near, or beside, and cItoc, food means, literally, one who takes food with another; thence it came to be applied to one who assents to, fawns upon, or servilely flatters another for the sake of food, or any other personal advantage. THE SLANDERER AND THE FLATTERER. 199 attracted to his door. How graciously, at length, lie enters the apartment ! His smile, his nod, his whole demeanor, how inspiring to the heart of needy, hoping humanity ! But heavy is the disappointment destined to succeed. There is no truth in him. It is the habit of his life. — the irresistible second nature that has fasten- ed upon him, alternately to create and to destroy th hopes of his fellow men. But yonder comes the conquering hero, heralded by the trumpet of fame, — that ingenious mouth-piece of flatter}-. How sweet to him is the sound of that trum- pet ! It drowns the groan of the dying, the wail of the widow, the maiden's lament and the orphan's cry. It stirs ambition, it fires the soul, and hides in romantic interest the horrors of the battle field. It tells of power, it tells of glory, not only to the present, but to future generations. How sweet is the sound of that trumpet ! Alas ! too often sweet, only because it feeds an insatiate and remorseless vanity. But, Mr. President, I will not trouble you with fur- ther instances. Whichever way I look, I see the workings, or the sad results of the workings, of flattery ; and whichever way I survey her movements, she ap- pears as a two-edged sword, cutting keenly in both di- rections — the flatterer and the flattered. He that gives and he that takes this dangerous draught, are often equally and hopelessly wounded. Much, much may we dread the tooth of Slander, but is not the tongue of Flattery still more dreadful? 200 DEBATES IN FULL. SECOND DEBATE. WHICH IS PREFERABLE, CITY OR COUNTRY LIFE? FIEST SPEAKER. Mr. President, — The question which, we are now about to discuss, — " Which is preferable, city or country lifef 1 — though apparently simple, is far from being devoid of difficulties. I have no hesitation, however, in declaring my preference for the country ; though I deeply regret, that the limits to which I am here con- fined, utterly forbid any attempt to assign all, or any considerable part of my reasons for that preference. I must, indeed, content myself, for the present, with the statement of a single argument. It will be found, I hope, so impressive, because so truthful, that convic- tion must follow in its train. I refer here to the argument derived from what I shall venture to call the moral influence of rural scenes. The country, sir, is the natural abode of man. There he is in constant communion with nature. There, un- distracted by the tumults of trade, unenslaved by the tyranny of fashion, unpolluted by the vices of a promiscuous populace, he walks and works from day to day, amid mountains and valleys, meadows green, and cultivated fields, and all else that can inspire gratitude and devotion to the great Giver of all good. TOWN AND COUNTRY. 201 There man has frequent opportunities, nay, invita- tions, so to speak, to look into his own heart, — to com- mune with his own spirit, — to develop and strengthen his native powers; in short, to train and discipline his whole physical, moral, and intellectual nature. If you would allow a man, unfettered, to become what he is capable of becoming, you must not throw him into the turmoil and bustle of towns and cities. There he will, perchance, become what is called a " business man;" there he may become a millionare ; there he may circulate freely in the gay assemblies of fashion ; but there he cannot easily realize the true dignity of manhood. There is something in the very quiet and solitude of the country, which wonderfully elicits thought, develops character, and makes the man. "Well has the poet said : — " Where is the wise, or the learned, or the good that sought not solitude for thinking, And from seclusion's secret vale brought forth his precious fruits? Forests of Aricia, your deep shade mellowed Xuma's wisdom ; Peaceful gardens of Vaucluse, ye nourished Petrarch's love ; Solitude made a Cincinnatus, ripening the hero and the patriot; And taught De Stael self-knowledge, even in the damp Bastile ; It fostered the piety of Jerome, matured the labors of Augustine ; And gave imperial Charles religion for ambition ; That which Scipio praised, that which Alfred practiced, Which fired Demosthenes to eloquence, and fed the mind of Milton, Which quickened zeal, nurtured genius, found out the secret things of science, Helped repentance, shamed folly, and comforted the good with peace, By all men just and wise, by all things pure and perfect, How truly, Solitude, art thou the fostering nurse of greatness l" 202 DEBATES IN FULL. SECOND SPEAKER. Mr President, — The speech just delivered, (I mean no discourtesy,) is certainly not without merit, if con- sidered merely as a picture of fancy. But, sir, fancy is not fact; and is, therefore, a very unfit material out of which to construct an argument. He says, that the dweller in the country is "in constant communion with nature" : discerning, as it seems to me, no differ- ence between contact and communion. Country people are, indeed, in perpetual contact with those natural objects, which often awaken thought and foster devotion ; but to infer from this, that they are actually always in sweet and sober comwMnion with the beauties and sublimities of the scenery, amid which they dwell, is fanciful in the highest degree. In reflecting upon rural life, we are very apt to fix our thoughts exclusively on grand and imposing fea- tures in nature, — on what is fair and beautiful, and fitted to excite pleasurable emotions, and to shut our eyes against its sterner and more repulsive aspects. Our imagination draws lively landscapes, and peoples them with souls of almost superhuman purity and in- nocence. It withdraws from the scene the digging and the delving, the bogs, the marshes, and all the nameless annoyances and hardships that constitute the stern realities of country life. It calls into beings shepherds and shepherdesses, nay, rustics of every name and occupation, air gentle, all lovely, all kind, all uncontaminated by contact with vicious associations, and breathing a perfectly TOWN AND COUNTRY. 203 pure and healthy moral atmosphere. It, moreover, endows these people with peculiar tendencies to con- templation, makes them specially susceptible to the impressions of grand and noble scenes, and almost al- together free from the common propensities and way- wardness of humanity. Mr. President, such views of country life may befit those who supply the world with what is called, Pas- toral Poetry ; they may do to beguile a leisure hour, or feed a morbid imagination ; but depend upon it, they have no real existence. Let any man mingle freely with country people ; let him examine their habits, manners, their common, every- day life and conversation ; and he will not be long in discovering, that the argument of the gentleman is wholly falla- cious. Allowing what vou will for the influence of sublime and beautiful objects on the heart, it must be recol- lected that familiarity itself begets indifference and that men soon come to walk among the Alps as among common hills, to sail over ocean billows as over the ripples of a quiet lake, and in short, to look, with com- parative unconcern, upon things familiar, though they be the most thrilling and wonderful works of Creation The argument, therefore, which the gentleman has selected, with such apparent confidence in its force, is not, in my judgment, a conclusive one. It shows, it is true, that the country offers many features well fitted to awaken emotion and improve the heart ; but it does not prove that these objects always produce that effect. I may, therefore, conclude by informing him, that his argument is just as true when applied 204 DEBATES IN FULL. to the city. The city, also, has many objects admirably adapted to arouse our better nature, and promote our spiritual well-being ; but, alas, they ar£ seldom, ay, very seldom, duly regarded. THIED SPEAKER. Mr. President, — Instead of stopping to examine and refute what seems objectionable in the views expressed by the last speaker, I propose to introduce some two, or three new arguments, or considerations in favor of ru- ral life. It will hardly be denied, that contact with vice has a corrupting influence, even by those who deny that contact with country scenes and objects, has no necessary imjxroving power; for, " Evil communica- tions," says an inspired writer, " corrupt good manners ;" and this I hold to be true, whether in the city, or the country. The only question is, which yields the greater amount of evil. Now, will any one deny this bad distinction to the city ? And, if this be not denied, manifestly the country, on the score of morals, is the better, because the safer place. But, again, sir, the country has a most decided ad- vantage over the city, as a place for intellectuul culture. It gives freedom from tumult, noise, and distracting excitements. It guaranties exemption from a thousand intrusions and interruptions, inseparable from city life ; favors abstraction and concentration of the mental pow- ers, and so secures to the student the best results of in- tellectual labor. In proof of this, which is so clear in theory, I might TOWN AND COUNTRY. 205 cite the testimony of experience — the experience of poets, orators, writers, and thinkers of every name and grade, and of almost every age and clime. But why dwell on a point so evident ? Again, the country favors not only mental and mor- al culture, but is eminently adapted to the development of the physical constitution. Every one knows, that city life, for the most part, is a thing altogether artificial, It cramps the feet with tight shoes, it compresses the waist with tight dresses ; it invites and fosters colds, coughs, and consumptions, through the agency of thin stockings, light clothing, late hours, and many other similar requirements of fashion, which time would fail me to specify. Nor is this all. The resident of the city not always enjoys the fresh products of the country, though he be ever so willing to pay for them. He must often be content with stale butter, stale milk, stale everything ; while the happy farmer partakes of all these things in their freshness and purity. May we not, sir, in view of these and other kindred advantages connected with a residence in the country, may we not ask your decis- ion in our favor ? FOURTH SPEAKER. Mr. President, — From the observations of the gentle- man who has just taken his seat, one might, without an appeal to facts, naturally infer, that all good, is confined to the country, and all evil centered in the city. In the life of a citizen, he finds a sort of Siberian destitution ; so that whether he walks, or talks, or studies, or eats, 2wo DEBATES IN FULL. or drinks, or exercises, lie is equally the victim of ty- rannical custom. Well, sir, to this doleful catalogue of imaginary ills, which must surely be regarded as the offspring of a distempered fancy, I can only append that old, familiar caption of certain newspaper paragraphs, — " Important, if truer Why, sir, who ever heard, till this hour, that study was a thing to be done to the best advantage only " out in the country ?" There only, it seems, we can get clear of noise and nuisance enough to enable us to think ; as if people of studious habits, living in the city, were obliged by some unrelenting fatality to choose for a study just that spot in a town, where most " do con- gregate " carts, wagons, stages, and wheel-barrows, and where the din and clatter of commercial transactions are the most unceasing, and the most annoying; or, as if all parts of a city, and at all times of the day, were equally and hopelessly given up to clamor, uproar, and confusion. Talk about opportunities for study? Where can they be letter, where can they be as good&s in the city ? Here are capital schools, capital teachers, capital appar- atus, capital libraries, capital courses of lectures, capi- tal chances for literary conversation; in fact, capital chances for every thing that can enlarge, store, train, and liberalize the mind. If we adopt the oft-reiterated sentiment, that " The proper study of mankind is man" and, for the prosecution of this study, seek the society of shade, and stream, and forest, and valley, where TOWN AND COUNTRY. 207 men are (bund few in numbers, and free from the ex- citements and conflicts, the competitions and vicissi- tudes that force out motive, and so determine the char- acter of actions, we shall soon discover that our means of improvement, are sadly deficient. The city, sir, whatever our first impressions might suggest, is, with- out doubt, the best school for the study of the human heart ; so that, if, indeed, il the proper study of mankind is man," the proper place for that study is the crowded city. " Glorious, indeed," says Longfellow, "is the world of God around us, but more glorious the world of God within us !" That " world of God within us," sir, which is destined to survive "the world of God around us," and which, for that reason, is the more de- serving of our careful regard, is there best explored, where men, in masses, meet, jostle, rival and mutually stimulate one another. But the gentleman dreads the vicious associations of the city. If that argument had any strength, it ought to drive him quite out of the world; for vicious peo- ple are, by no means, peculiar to cities. It ought, at least, to render him a hermit, — to force him into the most absolute asceticism ; for nothing can be more ob- vious than, that vicious people are not the peculiar her- itage and burden of cities. Evil thrives, with more or less vigor and virulence, everywhere. We can not run entirely away from it, though we need not, and should not run heedlessly or designedly into it. Our positive duty is to oppose it, whether in ourselves or in others. " Eesist the devil," says the apostle James, " and he will flee from you." 208 DEBATES IN FULL. Surely, Sir, this Scriptural instruction differs toto cceb from that which counsels us not to resist, but to run. The truth, is, Mr. President, there is often a positive advantage in being near to the wicked and the degraded, provided we have the heart to seek to do them good. Christ himself affords, by his practice in this regard, as in all others, the best possible example. He was found among the wicked, the outcast, the wretched : saying in answer to the question, " Why eateth your master with publicans and sinners?" "They that be whole need not a physician, but they that are sick." By fol- lowing this divine example, sir, we may derive the highest benefit to ourselves, while we are seeking to alleviate the woes of others. The spirit of true Christianity is no anchoretic spirit. It goes out among men, because evil is among men, and seeks, like its blessed Founder, " to save that which is lost." That wicked men, in numbers, dwell in cities, is therefore no argument to induce good men to flee to the country. It is rather a reason to make them court that trial of virtue, by which they may become at once the teachers and the taught in the ways and the works of God. FIFTH SPEAKER. Mr. President, — If I wished to give a distinct notion of the difference in signification, between the words ingenious and ingenuous, I think I might safely say, that, in this discussion, thus far the arguments for the country have been ingenuous, while the answers to them have been ingenious. TOWN AND COUNTRY. 209 The country, says the first speaker, in substance, abounds in scenes and objects fitted to awaken admi- ration, and turn the thoughts of men toward their Creator. It differs from the city, in being the natui al, instead of the artificial dwelling-place of man, and is, therefore, better adapted to the development of his mental and moral character. Now, this is a plain and ingenuous statement of truth ; powerful, indeed, but only powerful, because it is true. But how is it answered ? " Oh," says the next speaker, " that's sill fancy ! Men soon become indiffer- ent to the impressions of external grandeur. These things may be fitted to excite sublime sentiments and holy affections, but they seldom do ; for men are apt to pass them by unheeded." Then the whole argument is dismissed with a fine flourish of words about people walking among the Alps, as they would among common hills, and riding on the waves of the ocean as thoughtlessly as they would on the gently ruffled surface of a tranquil lake. In all this, the real point, on which the argument was obviously meant to turn, viz. : the comparative influence of city and country scenes and objects on man's moral nature, is quite overlooked. Now, sir, this may be considered ingenious, but it is far from being ingenuous. Again ; it was argued that the quiet and seclusion of rural life, afforded better opportunities for study and reflection than can be realized in the city ; where there must be much of bustle and uproar, — the necessary concomitants of trade and commerce. In reply to this, we are rather tauntingly told, that people in the city, who are inclined to study, do not, for that pur- 210 DEBATES m FULL. poje, seek those parts of the town most beset with the noise of carts, and the clamor of commerce. And, as if to draw the mind entirely away from the point in debate, that is, from a simple comparison of advantages, where both places are admitted to have, at least some claims to the thing in dispute, we are boast- fully reminded, that in cities there are capital schools, capital lectures, and capital everything ! Surely, sir, this is somewhat ingenious in the way of logic ; but is it candid? Is it ingenuous? It was further argued, that the country is compara- tively free from the vicious associations that are always collected in large cities ; and forthwith a gentleman tells us that evil exists everywhere, and then quotes Scripture to show what nobody denies, namely, that we must " resist the devil." This is another specimen of logical ingenuity ; but it wants the very life and soul of logic, that is, the open and ingenuous spirit, that be- fits the investigation of truth. Such, sir, is the reasoning, which has here been employed, in the attempt to invalidate the claims of the country to superior regard, as a place of residence. Vain attempt ! " God made the country," some one has well observed, "but man made the city;" and there is here, as in all tilings else, the same measureless distance between the works of divinity and the works of humanity. The city, sir, is a contrivance of trade, — trade that fosters " the love of money, w r hich is the root of ail evil," — trade, that enslaves all the powers of the mind, and lashes them into the degrading service of Mam- mon,— -trade, that tempts men to trickery and false- TOWN AND COUNTRY. 211 hood. — trade, that makes tliem hasten to be rich, and so "pierce themselves through with many sorrows." The city, sir, is the convenience and theatre of fashion, — fashion that engenders fops and fools who delight in simulation and ^simulation; anxiously laboring to seem to be what they are not, and not to be what they are, — fashion, that forms and fosters hollow and deceitful friendships and alliances, makes happi- ness dependent upon the cut of a coat, the shape of a hat, the fit of a boot, or the length of a moustache, and resolves all gentility into a slavish conformity with modes of dress and address, often absurd and. ridicu- lous, and rarely convenient to nature. The city is the nursery of social vice ; — that vice, I mean, that can thrive only in the midst of multitudes ; that shelters itself under the concealments of trade, and fashion, and politics, and whatever else may yield a fair outside, and so saps, unseen, the very foundations of virtue. Why is it, sir, that people worn out, or disgusted with the toil and turmoil of trade, or with the empty and wearisome round of fashionable dissipation, or with the sorrowful vicissitudes of political ambition, fly away to the enchanting embrace of rural life, and seek in nature's path w r hat was vainly, though eagerly, pursued amid the artificial arrangements and conven- tional restraints of city life? It is because the coun- try, being agreeable to nature, furnishes just those means and modes of enjoyment, which are the most effective and permanent, because they are the most reliable. There healthful labor brings its natural reward, — 212 DEBATES IN FULL. " a sound mind in a sound body? There the eye is gratified with scenes of beauty and sublimity; there the ear is delighted \\ith the song of birds and all the melody of nature ; and there, if we will, we may, in truth, — " Look through nature up to Nature's God !" SIXTH SPEAKER. Mr. President, — I have no disposition to imitate the example of the last speaker, in complaining of the course taken by others in the debate ; but I cannot resist the conviction, that the real point in dispute has not yet been fully brought out and discussed. I do not flatter myself, that i" shall be* able to do it, as it ought to be done. Yet, something in this way, I shall attempt. The statement of the case, seems to be this. Two individuals, early in life, equal in health, fortune, and in social position, propose to themselves the question : "Which is preferable, city or country life ?" It is not which would be preferable, supposing a man to be eager after wealth, or fashion, or some other specific object, which cities alone can confidently promise, be- cause of the number and variety of the people in them ; neither is it, which would be preferable, sup- posing a man to be in quest of health, or disgusted with the tedious and trifling ways of fashion, or worn out with the cares of business, or dejected and dis- heartened by the disappointments of ambition, or bent upon nothing but sober, profound, and protracted studies. TOWN AND COUNTRY. 213 The question respects exclusively neither of these supposed conditions or characters ; for, if it did, its de- cision would be easy. The claims of the city, for the one party, would be so absolute and overpowering, as to be quite irresistible ; while the claims of the coun- try, for the other party, would be no less cogent and convincing. Now, with this, the true aspect of the case, that is other things being equal, " which is preferable, town or country ?" I think I may assume a position in favor of the former, that cannot easily be controverted. I set out with the observation, that the town affords several advantages which cannot be had, nor compen- sated for, b} 7 - a resort to the country. There is a cer- tain polish and refinement acquired in city circles, or by the gentle attrition of city associations, whether for pleasure or business, which nothing in ordinary rural life, can either produce or atone for. This has been experienced always and everj^where. The very words civility, from civis, in Latin, a citizen ; urbanity, from urbs, a city, in the same language ; and, as has been affirmed by some, 'polite, from the Greek polls, a city ; these very words, I say, all expressive of that suavity and polish of manners that are essential to the true gentleman, show what has been the judg- ment of mankind for centuries, respecting the influence of cities upon human character. A second peculiar advantage of living in a city, arises from the multiplicity and proximity of its means and appliances for comfort and convenience. Whoever has experienced the annoyances growing out of the privations of country life, in this respect, 214 DEBATES IN FULL will need no lengthy argument to make him feel its force. In the country, days and even weeks of delay and consequent discomfort, spring from the want of things that every corner, in a city, offers in perpetual abundance. In the country, with but few intervals of relief, a walk in the roads is but a weary wading through mud, or snow, or a ceaseless contact with clouds of dust. In the city, except under a weak and inefficient administration of the laws, well-paved streets and walks, and withal, well cleaned and sprinkled,. invite the pedestrian to out-door business or exercise. Even at night, when the country is everywhere shrouded in robes of darkness, the city, all brilliant with lamps, along the streets, and in the countless shops and saloons, offers both pleasure and safety in walking abroad. In the country, such is the temptation to imper- tinent curiosit}^, that everybody's business seems to be every other body's business, and all and each, like the Athenians of old, seem "to suend their time in nothing else, but either to tell, or to hear some new thing." In the city, every man has enough, and sometimes more than enough of his own business to attend to ; and so it comes to pass, that whether one eats or drinks, whether he rides or walks, marries or is given in marriage, buys or sells, or whatsoever he does, that is legal and proper, arrests no special atten- tion, and calls for no general talk or silly wonder- ment. A third peculiar benefit, in city life^is impressively known and felt only when we are taken dangerously ill, or suddenly meet with some bodily calamity. In the TOWN AND COUNTRY. 215 country where the population is sparse, a single phy- sician is all that can ordinarily be supported, in a widely-extended district. It results, especially in cases of sudden and danger- ous emergency, that the greatest delay and difficulty are experienced in securing timely medical aid and at- tendance. In the city, on the contrary, physicians and surgeons of all grades, are ever at hand, because, in cities alone, can they, in such numbers, be supported and encouraged. None can fail at once to see the singular superiority, in this respect, of the city over the country. But, sir, I will pursue the subject no farther. I will not even claim the privilege, so freely accorded to others, that of calling to my aid the sweet voice of song. Bather let my arguments, whether worthy or worthless, stand all alone ; unaffected by the magic in- fluence of metre, the felicities of rhyme, or the airy forms of imagination. I will only remind you, in conclusion, that the ques- tion should be decided on general grounds ; that the respective claims of town and country are to be made upon those who are in a condition to choose, without the bias or necessity resulting from particular aims or personal and peculiar habits or infirmities. And, judging in this, the only fair and philosophical manner, I claim for the city — that splendid result of human progress — that glorious achievement of asso- ciated labor and enterprise — that matchless medium of trade and commerce — that incomparable nursery of the suavities and amenities of life, a triumphant de- cision in our favor. SECTION X. DEBATES IN OUTLINE. "\T7"HAT are here called Debates in Outline, aie not. nor are they designed to be, elaborate synopses of all the arguments pro and con, that may be adduced in discussing the several questions proposed. They are to serve merely as hints and suggestions, as thoughts likely to beget thoughts. He, therefore, that consults these outlines with any view to improvement, should consider their design, and act upon it. He should regard them not so much as arguments, as the sources of arguments : keeping always in mind, that what we ourselves excogitate, however humble, and however often thought of by others, is, for all the purposes of mental training, a thousand times more valuable than the best and the most brilliant arguments, if merely borrowed from other people. Yet, reading and conversation are not, therefore, to be despised or neglected, as useless or injurious. The error to be avoided, is that of substituting reading and talking for the weightier mater rs of thinking and reasoning. DEBATES IN OUTLINE. 217 Can we reasonably indulge the hope of Universal Peace? First Speaker. {Affirmative). — That war is unnec- essary, and, therefore, unjustifiable, is a conviction which reflecting men will find it difficult to resist, Every fresh experience serves only to weaken our confidence in the arbitration of the sword, and strengthen that which we have in the decisions of reason. This renders the hope of universal peace quite a rational one. Second Speaker. (Negative) — Wars generally originate in causes inseparable from the character of human nature, — ambition and selfishness. As long as these last, there will be war and bloodshed. You must change the radfcal nature of man, therefore, be- fore you can hope for universal peace. Third Speaker. {Affirmative.) — It is the glory of Christianity, that it changes the heart of man; im- planting therein, in place of the evil passions which, we by nature inherit, or, by practice, too readily acquire, those qualities of heart and mind, which cannot, for a moment, tolerate the presence of war. Fourth Speaker. {Negative.) — Experience shows that Christians do not scruple to go to war. Some of the fiercest and foulest contests have been carried on by Christians, and that, too, under the name of Chris- tianity. Witness the Crusades. Fifth Speaker. {Affirmative?) — What are often called Christian nations, said an acute and pious 10 218 DEBATES IN OUTLINE. clergyman of New England, should rather be called christened nations. It is not the name and profession of Christ merely, that is to eradicate evil from the world, but the true spirit of his religion. That re- ligion certainly promises the reign of universal peace. It is, therefore, reasonable to expect it. Ought Emulation in Schools to he encouraged ? Fiest Speaker. {Affirmative) — People never put forth their best efforts without the stimulus of rivalry. There must be something to be gained, as also some- thing to be lost, or all energy will be paralyzed. This is the experience of mankind, and it ought to have weight in our decision. Second Speaker. {Negative) — Emulation is the parent of antipathy. Its presence in schools is fraught with mischief. It defeats all attempts at cultivating the spirit of brotherhood, because it virtually sets one against another. Third Speaker. {Affirmative) — Eivalry, in a school, is not necessarily bitter and vindictive. It must be generous. It must be regarded and used as a healthful incentive. It may be perverted, but this should not lead to its entire disuse. Fourth Speaker. {Negative) — All rivalry presup- poses, that some must be beaten. Few only can be rewarded as victors ; the many must suffer, however DEBATES IN OUTLINE. 219 diligent, or utherwise deserving, the mortifications cf open defeat. Fifth Speaker- {Affirmative) — The chances of suc- cess are equal, and, therefore, the unsuccessful have no right to complain. In the great world without, to which schools ought to be preparatory, rewards are perpetually made dependent upon the same conditions, and no one complains, or has a right to complain. Sixth Speaker {Negative) — The chances of suc- cess are not equal, because there is no necessary equality of talent or genius in the competitors. The whole is arranged, as though eveiy thing depended upon the industry and perseverance of the rival candidates ; whereas the most laborious and persistent effort is often the least successful, because nature has denied the requi- site measure of ability. The rivalry thus becomes the source of injustice, of bitter heartburnings and rancor- ous hostility. Is Party Spirit productive of more Good than Evil ? First Speaker (Affirmative) — Experience has shown, that all men act better under close supervision, than when left to themselves. Party spirit generates watchfulness on both sides, and so keeps both sides close to the path of duty. Second Speaker. (Negative) — Party spirit with- draws the mind and heart from our common country and her best interests to place them on a particular party. 220 DEBATES m OUTLINED It makes us eager to carry personal and private meas- ures, and forgetful of, or unjust to, the general well* being. It makes the chief concern to be, not how shall the whole country prosper, but how shall a party tri- umph? Third Speaker. (Affirmative.)— -It is well known, that, men long in power are apt to become haughty and oppressive, and that, un watched, they will fall into many wrong practices. Party spirit, in such case, acts as a corrective. It takes unfit men out of office, and sup- plies their places with others more suitable. It thus operates, also as a warning to those who, in official sta- tion, are prone to oppression or injustice. Fourth Speaker. (Negative.) — Party spirit begets such rancor, as ought never to exist in one man's heart towards another. Under this influence, men will quar- rel, fight and even kill one another, though citizens of the same city, and professedly loving the same country, and the same civil institutions. Fifth Speaker. (Affirmative.) — Party spirit may be rancorous, but that is true of the spirit that operates even in religious disputes. Shall all discussions in poli- tics and religion, all parties and denominations cease, because men will sometimes quarrel about these things ? Are not the disputes occasioned by party spirit, the means of turning men's minds upon political rights and privileges, which might otherwise be overlooked and lost? Sixth Speaker. (Negative) — The spirit of party is DEBATES IN OUTLINE. 221 not to be confounded with, and mistaken for, the spirit of patriotism. It is strictly a selfish, not a benevolent spirit. It is an -unscrupulous spirit. It is not ashamed to resort to falsehood to accomplish its ends. It is the spirit that results in urging men to slander their neigh- bors, in producing riots, in civil war and bloodshed. Seventh Speaker. {Affirmative) — Party spirit en- ables the poor, but honest man to get office, as well as the rich. It brings associated effort and means to bear, in such case, and so prevents that odious aris- tocracy of money, which is ever ready to show its haughty airs and oppressive domination. Eighth Speaker. {Negative) — Party spirit, instead of being the friend and supporter of the poor, but honest man, is, in general, the sadly misdirected agent of the worst men and the worst measures. It arrays citizen against citizen, and deters good men from be- coming candidates for office, by the certain doom of being exposed, in their private characters, to every outrage and indignity which slander and malignity can conceive or execute. Many countries have already been ruined by this execrable spirit ; and, in our own, its destructive tendencies are every day becoming more and more apparent. Are Debating Societies more beneficial than injurious? First Speaker. {Affirmative) — Whatever tends to unfold truth and explode error, is doubtless useful. 222 DEBATES IN OUTLIKE. Debating societies, well managed, do this, and, there- fore, justly claim to be always far more beneficial than injurious. Second Speaker. (Negative.) — Debating Societies are usually composed of young persons, who are apt to treat the gravest and profoundest subjects in a light and superficial manner. In this way, minds not yet formed by study and reflection, are more likely to injure than to benefit one another. Third Speaker. (Affirmative.) — There is no such thing as unmixed good in the world. If, therefore, you reject Debating Societies on the ground of their being liable to abuse, you may as well reject hundreds of other good things for the same reason. They in* vote thought, lead to useful comparisons of ideas 5 and so strengthen the mind. --o" Fourth Speaker. (Negative.) — They beget a dis- putatious spirit ; making people delight not so much in the acquisition of knowledge and the discovery of truth, as in captious criticism, and in the pride of victory. Fifth Speaker. (Affirmative.) — Debating Societies encourage the disposition to reading and study, afford excellent opportunities for practice in extempora- neous speaking, place us in the way of wholesome criticism, and furnish the mind with a wide circle of ideas. DEBATES IN OUTLINE. 223 Have the Crusades proved more "beneficial than injurious to mankind? First Speaker. {Affirmative.) — The first result of the Crusades was to break the chains of bondage, moral, mental, and political, which held in abject slavery, as it were, the nations of Europe. This they did, by discovering to the down-trodden and ignorant masses the secret of their own strength, and enriching their minds with knowledge, previously and other- wise inaccessible. Second Speaker. {Negative) — What we call the Crusades were nothing but those ferocious wars, waged in the name of religion, and often carried on in a spirit befitting savage marauders rather than the friends of the Cross. The ill effect of the Crusades upon the Christian religion itself, was incalculable: destroying confidence in the truth and purity of a faith, in the cause of which, professedly, such immoralities and bar- barities were committed. Third Speaker. {Affirmative.) — The origin or se* cret motive of the Crusades is not here in dispute. The spirit in which they were conducted, it is not our present business to consider or characterize. Bad or good, these belong not properly to the matter in hand. Have the Crusades resulted well, not had they a pure origin, is the question. They certainly revolutionized the institutions and customs of the day, disseminated information, gave unity of purpose to masses hitherto 224 DEBATES IN OUTLINE. divided by distance and by fends, and planted the seeds of civil liberty, which have come np in the shape of well- ordered and free states, and otherwise variously improved the condition of the world. Fourth Speaker. {Negative.) — The spirit of perse cution generated or fostered by those wicked expedi tions, which has since, in so many instances, displayed its terrible rage, is among the results of the crusades. If, therefore, we look exclusively at results, this one bad, horribly bad, consequence of them, ought to out- weigh a score of those advantages commonly said to have come from them. Fifth Speaker. (Affirmative.) — No extensive refor- mation was ever made in any age, or country, that did carry with it the necessity of strong measures, and exhibit from the blindness and weakness of even good men, certain excesses deeply to be deplored. The career of Cromwell, though ultimately produc- tive of inestimable benefits, was often marked by acts t that his best friends must forever, and deeply regret. Sixth Speaker. (Negative) — It is taken for grant- ed, generally, that numberless benefits, moral, social and political, flowed from the Crusades, which can- not be shown to have had this origin. Besides, all these benefits might, could, and in due time, would, have been realized from the exercise of truly Christian virtues, without resort to barbarous wars. DEBATES IN OUTLINE. 225 Is there more of real than of imaginary evil in the world? First Speaker. Affirmative,) — All evil is real, what- ever its source. But of that kind which is meant in this question, that is to say, evil created by causes really existent, and not merely imaginary, the amount is vastly greater than that which is the offspring of fancy. Hunger, cold, disease and the like realities, leave no parallel in the list of fancied adversities. Second Speaker. {Negative) — The terrors of imagi- nary calamity beset us from childhood to old age. Who can estimate the mental agonies of childhood, suffer- ing under the absurd impression of ghosts hovering around a neighboring tomb, or graveyard or dwelling ? What chilling terrors often shake the frames of older folks under the same delusive apprehensions ? Third Speaker. {Affirmative) — The cases even of children, to say nothing of older people, affected by fear of spectres, are comparatively few. But the real sources of misery, those which reason cannot dispel, are le- gion. Fourth Speaker. {Negative) — Apprehended evils are, perhaps, quite as numerous as any real ones. They are, moreover, all the more severe, as they are aggra- vated indefinitely by the same fertile faculty, that orig- inates them. Fancy, unrestrained by reason, is the mother of endless despondent day-dreams, the prolific source of hypochondriac or maniacal hallucination ; often the cause of incurable madness. What evil is comparable to the loss of reason ? 10* 226 DEBATES IN" OUTLIKE. Is a lie ever justifiable? First Speaker. {Affirmative.) — A lie is a story told with tlie intention to deceive. The question, therefore, may be resolved into this, — Is there any such thing as innocent deception? It is innocent, when practiced merely for sport, or for the benefit of the party deceiv- ed ; as, where a sick child that dreads medicine, is as- sured, that it is not medicine, but something else, or when a robber is diverted from his purpose, by a time- ly and ingenious falsehood. Second Speaker. (Negative.) — There is no such thing as a " timely falsehood 11 : all lying is untimely, be- cause it is always, directly or indirectly, the fruitful source of mischief and misery. Telling lies, in order to induce children to perforin a duty, is only teaching them indirectly to sacrifice truth to expediency. They will follow your example, and apply it to cases other than those of seeming necessity. You may sometimes ward off present evil, perhaps, by resort to falsehood ; but the injury done to truth, in all such cases, is great- er than that avoided by its violation. Third Speaker. (Affirmative.) — May I not save my life, which is endangered by the assaultof a madman, by practicing a deception upon him ? May I not cheer and solace a despondent patient, by exciting false, but flattering hopes ? Shall I deny my correspondent the courtesy implied in the usual close of a letter — " Your Obt. Servant* &c., dec." merely because it is strictly a de- parture from truth ? May not a general practice false* DEBATES IN OUTLINE. 227 hood to deceive and embarrass his enemy ? May not one who has fallen into the hands of savages, save him- self from their ferocity, if necessary, by lying ? Fourth Speaker. (Xegative.) — It is easy to multiply cases, wherein lying would seem to be innocent, be cause it procures a benefit. But all such argumenta- tion falls instantly to the ground, when you remember, that, whatever may be our ideas of expediency and in- expediency, of right and of wrong, the rule which God has established, in the case, is one that admits of no exceptions. There is no license to lie ; for we may not do evil even that good may come. Which is the more detrimental, to be too credulous or too suspicious? First Speaker. Credulity is the parent of serious evils in every department of life. It invites imposi- tion, and brings the greater pain, because it is ever at- tended with the consciousness, that we are deceived by our own folly. Second Speaker. Perpetual suspicion is perpetual terror. It were better to be often deceived by false ap- pearances and promises, than to suffer the evil of fre- quently rejecting what is true and reliable, under the impression that deception lurks in everything. Third Speaker. Suspicion saves a man of business from being ruined in his dealings. It throws continual 228 DEBATES IN OUTLINE. safeguards around his transactions, while credulity ex- poses him at every turn to the wiles of sharpers. Foueth Speaker. Suspicion may often save a man from the wiles of sharpers, but just as often cuts him off from the intercourse and sympathy of honest men. It begets in the soul foul opinions of mankind, and is apt to make the man that harbors it, just what he deems other men to be. Credulity, on the other hand, takes kind and liberal views of humanity. It is one of the phases of charity — the spirit that " think- eth no evil." Fifth Speaker. Credulity is the greatest of all cheats. It cheats a man out of his understanding. It makes him see all things in the wrong light. It believes what is false, as readily as it receives what is true. It swallows the lie that is ruinous to a friend, as quickly as it takes in the truest statements against a malicious enemy. It confounds all the ordinary distinctions be- tween what is probable and improbable. It ignores all just and safe discrimination. Sixth Speaker. Suspicion shuts out of the heart all that gives confidence. Now, confidence between man and man is the very foundation of society, the in- dispensable element of the social compact. Whatever weakens and disturbs this feeling, wars against the best interests of mankind. It divides friends, it excites an- tipathies, it deranges business, it dissolves the most ten- der and the most sacred connections and associations of every kind. DEBATES IK OUTLINE. 229 Is the miser more injurious to society than the spendthrift f First Speaker. {Affirmative) — Miser means miser- able, wretched. The application of this name to a per- son of covetous disposition, sufficiently evinces the judgment of mankind respecting the influence of avarice. It makes a man mean and miserable. It is hardly possible, by any stretch of prodigality, to injure one's own moral nature to the extent created by the habitual exercise of covetous practices. " Covet- ousness is idolatry." This is Bible testimony. It has no god but money. Second Speaker. {Negative) — Does not the spend- thrift, also, bring irreparable mischief on himself? "When exhausted of his means, he is doubly poor ; not only without money, but without the habits necessary to get and keep it. What must be his remorse, too, in such case, knowing that his wastefulness has brought him to want, when, had he been frugal, he would have had enough, and something, perchance, to spare, to relieve the necessities of others. Third Speaker. {Affirmative) — The miser is a voluntary pauper. He der es himself and his family the comforts of life, while ne has money in abundance. He denies his children thorough educational training, and, by his example, inspires others with the love of money, which is " the root of all evil." Fourth Speaker. {Negative) — If the miser denies bread to his children by his penurious habits, the 230 DEBATES IN OUTLINE. spendthrift does precisely the same thing by his ex- travagance. The doom of poverty settles equally on both. He not only dissipates his own private means, to an extent that cripples all proper business energy, but is among those who, by squandering capital, pre- vent those extensive commercial enterprises that tend so much to elevate and enrich a nation. Fifth Speaker. {Affirmative) —The miser, in order to hoard, withdraws large sums from the circulation of a country. He thus prevents money from doing its appropriate work, and so diminishes the prosperity of a community. Sixth Speaker. {Negative) — The tendency of the course of a spendthrift is evil in the extreme ; because it seduces young people into habits of expense and recklessness, and is wholly at war with the spirit of industry and economy. It is all the more pernicious, because it disguises its wickedness under the name of generosity ; and, under that plea, is not unfrequently guilty of the grossest injustice. Seventh Speaker. {Affirmative) — The habit of regarding money as the chief good, and as, in itself, a thing greatly to be sought after, is apt to generate a spirit of dishonesty. It not only makes men mean, but it makes them unjust. But, if it had no other ill effect, its tendency to make a few immensely rich while the many are distressedly poor, renders it more dangerous to society than extravagance ever can be. Eighth Speaker. {Negative) — Nothing can be DEBATES IN OUTLINE. 231 made out of the argument, that avarice generates dis- honesty, for prodigality is well known to do the same thing, only in a higher degree. How many persons, young and old, have been utterly ruined by yielding to the temptations to dishonesty, inspired by habits of extravagance ! Both of these characters are worthy of all condemnation, but that of the spendthrift is the more injurious to society, because it wastes the rewards of industry, and offers a greater number and variety of temptations to the young and the thoughtless. Are Theatres more beneficial than injurious? First Speaker. {Affirmative) — "Whatever exposes vice, and commends virtue, is undeniably a public benefit. This is the special office of the drama. It discovers the secret springs of wicked deeds, brings virtue out, at last, always triumphant, and so gives wholesome and impressive warning to those disposed to evil. It is, in short, a sort of school of morals. Second Speaker. {Negative) — If the office of the drama is to expose vice and commend virtue, it cer- tainly has not been very true to its obligations. Plays, for the most part, abound in obscenities and pro- fanities. They represent vicious characters, in colors so fascinating, that unreflecting people rather admire than condemn them. If the theatre be considered a school of morality, the devil, as Dr. Dwight has observed, must have 232 DEBATES IN OUTLINE. turned schoolmaster. The moral instructions of the stage, even when unexceptionable, both in principle and in language, fail of their effect, because not given in the right time, the right place, and under the right circumstances. Third Speaker. {Affirmative) — Whatever excep- tions may be found or imagined, the general rule is, that the drama is decidedly in favor of sound morals. If the moral teachings of the theatre fail of their ob- ject, the fault lies not in the teaching, but in the dull- ness or perverseness of the pupil's. We might as well take exception to the teachings of the pulpit, because so many turn a deaf ear to the voice of the preacher* It should be considered a great advantage in the theatre, that it attracts and teaches classes of people, whom the appointed agencies of the church seldom reach or affect. Fourth Speaker. {Negative.)— It is idle to talk of the moral tendencies of the stage ; when it is quite notorious, that actors and actresses themselves, to say nothing whatever of the auditors, are, with few excep- tions, not a little profligate in character. The plays, whether you regard the language, the sentiment, the dress, or other kindred circumstances, are often highly objectionable in point of delicacy and refinement. What must be the character and tendency of that teaching, which attracts and delights the vicious, and which exercises no corrective influence, either upon the players themselves, or those who habitually attend upon their performances ? DEBATES IN OUTLINE. 233 Fifth Speaker. {Affirmative) — The stage is con- fessedly beneficial in a literary point of view, whatever we say about its moral bearings. For justness of pro- nunciation, for true emphasis, for appropriate gestures, for all the graces of oratory, it stands pre-eminent. 11 Why is it," said a distinguished clergyman once to a great actor, u that you players are able to excel our profession in awakening and prolonging attention?" " It is," said the actor, " because we represent fiction as if it were truth, while you represent truth as if it were fiction !" The theatre is a school of oratory, and the excellence of its instructions is well attested by the fact, that extracts from plays are universally em- ployed in schools and colleges, as the best exercises in elocution. Sixth Speaker. (Negative) — It is not true that the pronunciation of the player is always in accordance with the most approved standards. In the matter of emphasis, gesture, and whatever else may be used to aid in giving the true effect to a piece, it is not denied, that great actors take great pains. But, in general, it may be affirmed with entire truth, that the theatre af- fords very imperfect exhibitions of character. If Shakspeare's plays be excepted, few others will be found, which do not frequently represent vice and virtue in strange, improbable, and often impossible situations. In the acting, moreover, there is little, 01 nothing, true to our every-day experience. Seventh Speaker. {Affirmative) — Theatres are excellent means of amusement. They mingle what is 234 DEBATES IN OUTLINE. useful, with, what is entertaining, and, as people must have entertainment, the theatre becomes a great public benefit by affording it. In all countries some public entertainments have been found necessary. The Olympic and other games, &c, &c, sufficiently at- test this. Eighth Speaker. {Negative) — A man's character may often be determined, in some measure, by the character of his amusements. Now, what are the amusements at the theatre ? Are they such as good men, — such as people of the best and purest morals, can fully approve and patronize ? Are they not no- toriously, such in general, as bring together and enter- tain the vile, the ignorant, the abandoned ? Ninth Speaker. {Affirmative) — The just objects and character of the legitimate drama are not to be confounded with everything in that form, presented on the stage. The theatre, properly managed, is everything that has been claimed for it in this debate, and more. It is, then, emphatically a good school ; the players being good men and women, the plays being works of genius, abounding in all that is fitted to mend the heart, to improve the taste, to please the imagina- tion, and to delight the eye and the ear, w r hile the ^audience, refined, cultivated, or at least moral and respectable, meet and part, not only without injury, but with positive benefit. Can any one doubt the utility of such a theatre ? Tenth Speaker. {Negative) — The point to be set- tled in this controversy is not what theatres might be, DEBATES IN OUTLINE. 235 but what they are. As they now exist, and are man aged, and must continue to be managed, in all like- lihood, they are the sources of evil in many forms. What with the ill tendencies of the plays themselves, what with the ill influence on the players and their hearers, what with the late hours and feverish ex- citement which they necessitate, what with the bad associations they throw in the way of the young and the innocent, what with the drinking shops, the gam- ing tables, and other nameless snares and abominations therein and thereabout abounding, the theatre seems really incapable of producing any good result what- ever. SECTION XI. QUESTIONS WITH EEFERENCES. ITEEE we introduce a series of questions, with refer- •*■■*• ences under each to authorities or sources of information. We have not thought it desirable to make these references numerous: the object being rather to afford data for the exercise of mind than to throw open volumes exhausting the subjects in dis- pute. L OUGHT THE PRESS TO BE WITHOUT LEGAL RESTRICTION ? Encyclopaedia Americana, — Article, " Books, Censorship of." Milton on the Liberty of the Press. Hume's Essay on the Liberty of the Press. Coleridge, — The Friend. Essay XXI. D wight's Decisions. II. ARE FICTITIOUS WRITINGS MORE BENEFICIAL THAN INJURIOUS? Dunlop's History of Fiction, from the earliest Greek Romances to the Novels of the Present Day. "Walter Scott's Criticism on Novels and Romances. Akenside's Pleasures of the Imagination. Goldsmith's Citizen of the World, — Letter LIIL Murray's Morality of Fiction, or an Inquiry into the Tendency of Fictitious Narratives. QUESTIONS WITH REFERENCES. 237 III. DO SPECTRES, OR GHOSTS APPEAR? Penny Cyclopaedia, — Article, " Apparition." Walter Scott's Demonology and Witchcraft. Hibbert's Philosophy of Apparitions. Dwight's Decisions. Tha cher's Essay on Dernonology, Apparitions, and Popular Super- stitions. Uphaats Lectures on Salem Witchcraft. Nbwhham's Essay on Superstition. Defoe's History of Apparitions. iv; WAS THE BANISHMENT OF NAPOLEON TO ST. HELENA JUSTIFIABLE? Alison's History of Europe. Thiers' History of the French Empire. O'aLeara's Xapoleon in Exile. Scott's Life of Xapoleon. Abbott's Life of Xapoleon. Hazlitt's Life of Xapoleon. Moxtholox's History of the Captivity of Xapoleon at St. Helena. Bourrlenne's Memoirs of Xapoleon Bonaparte. €*& is war justifiable? A Chalmers on the Hatefulness of War. Channlng on War. Jay's War and Peace. War Inconsistent with the Religion of Jesus Christ, (New York 1815.) D wight's Decisions. YI. ought classical studies to be encouraged? Locke's Thoughts on Education. Robert Hall on Classical Learning. Whe well's University Education. Sears. Edwards and Felton on Classical Studies. Donaldson's Xew Cratylus, — Introductory Chapter. Dwight's Decisions. Arnold's Miscellaneous Writings, — Article, " Rugby School." 238 QUESTIONS WITH KEFEKENCES. VII. DOES GEOLOGY CONFIRM THE MOSAIC ACCOUNT OF THE CREATION? L yell's Principles of Geology. Hitchcock's Eeligion of Geology. Buckland's Geology and Mineralogy. Wood's Mosaic History of the Creation, illustrated from the Present State of Science. Tayler Lewis' Six Days of Creation. Ira Hill's Theory of the Formation of the Earth. " The Two Kecords— -The Mosaic and the Geological ;" a Lec- ture delivered before the Young Men's Christian Association, in Exeter Hall, London. VIII. IS the study of mythology more advantageous than hurtful? Keightley's Mythology. D wight's Grecian and Eoman Mythology. Bryant's Analysis of Ancient Mythology. Sir William Jones on the Gods of Greece, Italy and India. IX: WAS THE FEUDAL SYSTEM BENEFICIAL? Penny Cyclopedia; also, Brande's Encyclopedia of Science, Literature, and Arts, — Article, " Feudal System." Hallam's State of Europe during the Middle Ages. Berington's Literary History of the Middle Ages. X. IS THE SENTIMENT — " For forms of government let fools contest ; What 's best administered, is best" — JUSTIFIABLE? Encyclopedia Americana, — Article, " Natural Law." Algernon Sidney's Discourses on Government. Montesquieu's Spirit of Laws. Carlyle's Chartism. Adams' Defense of the Constitution of the United States, De Tocqueville's Democracy in America. Austin's Constitutional Kepublicanism in Opposition to Fallacious Federalism. QUESTIONS WITH REFERENCES. 239 XL ARE CRITICAL REVIEWS ADVANTAGEOUS TO SCIENCE AND LITERATURE ? Encyclopedia Americana, — Article, " Reviews." Coleridge's Biog. Lileraria, — Chap. XXI. Byron's British Bards and Scotch Reviewers. Dwight's Decisions. Margaret S. Fuller's Short Essay on Critics. XII. IS phrenology entitled to the rank of a true SCIENCE? Spurzheim's Examination of Objections to Phrenology. Combe's Elements of Phrenology. Journal of the London Phrenological Society. American Phrenological Journal. Reese's Phrenology known by its Fruits. Caldwell's Phrenology Vindicated, and Anti-Phrenology Unmasked. XIII. IS THE MAXIM, " A POET IS BORN SUCH, NOT MADE," TRUE? Encyclopedia Britannica, — Article, " Poetry." Robert Hall on Poetic Genius. Macaulay's Essay on Milton. — Modern British Essayists, Yol. I. Johnson's Rasselas, — Chap. Ieffrey's Review of Campbell's Specimens of British Poets. — Modern British Essayists, Yol. VI. XIV. CAN THE EXISTENCE AND ATTRIBUTES OF THE SUPREME BEING BE DEDF*jED FROM THE LIGHT OF NATURE ? Cud worth's Intellectual System of the Universe. Paley's Natural Theology. Beidgewater Treatises. Sturm's Reflections on the Being and Attributes of G-od. Plato against the Atheists ; or the Tenth Book of the Dialogue on Laws. By Tayler Lewis, LL.D. 240 QUESTIONS WITH REFERENCES. XV: IS CAPITAL PUNISHMENT JUSTIFIABLE? Encyclopedia Americana, — Article, " Death, Punishment of." Spear's Essays on the Punishment of Death. Edinburgh Review, Yol. XXXY., p. 320. Dwig-ht's Decisions. Cheever's Defense of Capital Punishment, and Lewis 1 Essay on the Ground and Reason of Punishment. Bradford's Inquiry on the Punishment of Death in Pennsylvania. Sullivan's Report to the Legislature of New York on Capital Punish- ment. XYI. WAS THE EXECUTION OF MARY QUEEN OF SCOTS JUSTIFIABLE? Robertson's History of Scotland. Hume's History of England. Bell's Life of Mary. Abbott's Life of Mary Queen of Scots. Tytler's Historical and Critical Inquiry into the Evidence produced against Mary Queen of Scots. Whitaker's Yindication of Mary Queen of Scots. XVII. IS THERE A STANDARD OF TASTE? Blair's Lectures on Rhetoric. Kames' Elements of Criticism. Alison on the Nature and Principles of Taste. Mackenzie's Theory of Taste. M'Dermott's Dissertation on Taste. Gerard's Essay on Taste. XVIII. IS THERE MORE TO APPROVE THAN CONDEMN IN THE CHARACTER OF OLIVER CROMWELL? * ■ Carlyle's Letters and Speeches of Oliver Cromwell Southey's Life of Cromwell. Hume's History of England. Clarendon's History of the Rebellion. Noble's Memoirs of the Cromwell Family. Walter Scott's Tales of a Grandfather. Godwin's History of the Commonwealth of England. QUESTIONS WITH REFERENCES. 241 XIX. WHICH WAfl THE GREATER POET, HOMER OR MILTON? Addison's Papers on the Paradise Lost, in the Spectator. Blair's Lectures on Rhetoric. Coleridge on the Study of the Greek Poets. Thirwall's History of Greece, Yol. I. Pope's Preface to his Translation of the Iliad. XX. ARE THE MENTAL FACULTIES OP THE SEXES EQUAL? Walker's Woman Physiologically Considered, as to Mind, Morals, &c. Rey. Sidney Smith's Essay on Female Education — Modern British Essayists, Yol. III. Mrs. Jameson's Characteristics of Women, Moral, Poetical, Historical Alme' Martin's Education of Mothers ; Translated by Edwin Lee. Foreign Quarterly Reyiew, No. XXXIII, — Article II. Westminster Reyiew, No. LXYHI, — Article II. Dwight's Decisions. Margaret S. Fuller's Woman in the Nineteenth Century. Maria Child's History of Women. Starling's Noble Deeds of Women, or Examples of Female Courage and Yirtue. XXI. IS THE PREY AILING SYSTEM OF EDUCATION FOR FEMALES WORTHY OP ENCOURAGEMENT ? Hannah More's Accomplished Lady, or Strictures on the Modern System of Female Education. Rey. Sidney Smith's Essay on Female Education. — Modern British Essayists. Yol. III. Fenelon on the Education of a Daughter. Mrs. Sigourney's Letters to Young Ladies. Miss Sedgwick's Means and Ends, or Self-Training. XXII. is there sufficient reason for a belief in the national res- toration OF THE JEWS. Millman's History of the Jews. Cunningham's Letters and Essays on Subjects connected with the ConYersion and Restoration of the Jews. Bichejno's Restoration of the Jews, the Crisis of all Nations. 11 242 QUESTIONS WITH REFERENCES. XXIII: OUGHT SECRET SOCIETIES TO BE TOLERATED ? Robinson's Proofs of a Conspiracy against all the Religions and Governments of Europe, carried on by Free Masons, IUuminati, and Reading Societies. Arnold's Philosophical History of Free Masonry, and other Secret Societies. Encyclopedia Americana, — Articles, " Jesuits, or Society of Jesus," and " Jesuits, written by a Jesuit." Stone's Letters on Masonry and Anti-Masonry. Lawrie's History of Free Masonry. Secret Societies of the Middle Ages ; (in the Library of Entertaining Knowledge.) XXIY. ARE BANKS MORE USEFUL THAN INJURIOUS TO A COMMUNITY? Tucker's Theory of Money and Banks Investigated Gilbert's History and Principles of Banking. Logan's Popular Exposition of the Practice of Banking in Scotland. Lawsox's History of Banking. Revised, with numerous additions, by J. Smith Homans. Francis' History of the Bank of England. Clarke's History of the Bank of the United States. Westminster Review, No. LXVIII, — Article IV. XXV OUGHT THE PROTECTIVE POLICY OR FREE TRADE PRINCIPLES TO PREVAIL ? Adam Smith's Wealth of Nations. Foreign Quarterly Review, No. XXIX,— Article I. Bastiat's Sophisms of the Protective Policy. Raguet's Principles of Free Trade. London Quarterly Review, No. CXXXV,— Article TIL Rae's New Principles of Political Economy in Refutation of Adam Smith's Wealth of Nations. Blackwood's Magazine, No. CCCX.LI, for March, 1844,— Article, 11 Corn Laws." Ricardo's Principles of Political Economy and Taxation. Wayland's Elements of Political Economy. QUESTIONS WITH REFERENCES. 2 i3 XXYI. IS THERE A POSSIBILITY OF REACHING THE NORTH POLE? 1W€TCL0PJEDIA AMERICANA, — Article, " NOETH POLAR EXPEDITIONS." BakBOW's Chronological History of Voyages into the Arctic Regions, from the Earliest Period to Captain Ross' First Voyage. Ross' Arctic Voyages. Barrington's Possibility of Approaching the North Pole Asserted, with papers on the Northwest Passage, by Col. Beaufoy. Parry's Three Voyages for the Discovery of the North- West Passage Sir John Franklin's Arctic Ex^e-litions. Kane's Arctic Expedition. Arctic Regions, being an account of the Exploring Expeditions of Ross, Franklin, Parry, Back, M'Clure, and others, with the English and American Expeditions in search of Sir John Franklin (pub- lished by Miller, Orton, and Mulligan). XXVII. IS EMULATION A WHOLESOME STIMULANT IN EDUCATION? Hobbes on Envy and Emulation. Cowper's Tirocinium. Dwight's Decisions. Edge worth's Practical Education. Godwin's Reflections on Education, Manners, and Literature. XXVIII: WAS THE EXECUTION OF MAJOR ANDRE JUSTIFIABLE? Encyclopedia Americana, — Article, " Benedict Arnold." Benson's Vindication of the Captors of Major Andre. Smith's Authentic Narrative of the Causes which led to the Death of Ma^or Andre. Miss Seward's Monody on the Death of Major Andre. XXIX. HAS THE AUTHOR OF JUNIUS EVER BEEN IDENTIFIED ? Encyclopedia Americana,— Article, " Junius." Britton's Authorship of the Letters of Junius Elucidated. Junius Identified with a Distinguished Living Character, (N, T., 1818.) Junius Unmasked, or Lord Sackville proved to be the Author of Junius, (Boston, 1828.) 244 QUESTIONS WITH REFERENCES. WOULD THE UNIVERSAL PREVALENCE OF SOCIALISM ADVANCE THE INTERESTS OF HUMANITY? Rousseau's Inquiry into the Social Contract. Fisher's Examination of Owen's New System of Society. Considerations of some Recent Social Theories (Boston, 1853). London Quarterly Review, No. CXXX, — Article YI. (On Socialism). Blackwood's Magazine, No. CCCXLLX., for November, 1844,— Article, " French Socialists." XXXI. are the moderns superior to the ancients in rhetorical SCIENCE ? Aristotle's Rhetoric, translated by Gtllies. Cicero De Oratore, translated by Guthrie. Quinctilian's Institutes of Eloquence, translated by Guthrie. Longinus on the Sublime, translated by W. Smith. Dialogue on Eloquence, attributed to^TACiTUS, translated by Muepi r Horace De Arte Poetica, translated by P. Francis. Campbell's Philosophy of Rhetoric. Kames' Elements of Criticism. Whately's Rhetoric. XXXII. is genius innate? Brown's Lectures on the Philosophy of the Human Mind Reid's Inquiry into the Human Mind. Locke on the Human Understanding. Sharpe's Dissertation on Genius. "Whipple's Lecture on Genius. Blair's Lectures on Rhetoric. XXXIII. IS THE STORY OF THE TROJAN WAR CREDIBLE? Thirwall's History of Greece. Le Chevalier's Description of the Plain of Troy. Bryant's Dissertation concerning the War of Troy. Chandler's History of Ilium, or Troy. Gell's Topography of Troy. Wood's Essay on the Genius and Writings of Homer. QUESTIONS WITH REFERENCES. 245 XXXIY. ARE NEGROES INFERIOR TO WHITE PEOPLE IN MENTAL CAPACITY? Penny Cyclopedia, — Article, "Man." Gregoike's Inquiry Concerning the Intellectual and Moral Faculties of Negroes. Brande's Dictionary of Science, Literature, and Art,— Article, " Negroes." Prichard's Researches into the Physical History of Mankind. Lawrence's Lectures on the Comparative Anatomy, Zoology, and the Natural History of Man. Combe's Constitution of Man Considered. Encyclopedia Americana, — Article, " Africa." XXXY: IS THE CHARACTER OF QUEEN ELIZABETH WORTHY TO BE ADMIRED ? Hume's History of England Agnes Strickland's Queens of England. Sharon Turner's History of England during the Reign of Edward YI., Mary, and Elizabeth. Lucy Aikin's Memoirs of the Court of Queen Elizabeth. Abbott's Life of Elizabeth. XXXYI. IS THE STATEMENT, — " EVERY MAN IS THE ARCHITECT OF HIS OWN FORTUNE," TRUE? Davenport's Lives of Individuals who have raised themselves from Poverty to Eminence and Fortune. Edwards' Biography of Self-Taught Men. Middleton's Life of Cicero. Hugh Miller's My Schools and Schoolmasters. Pursuit of Knowledge under Difficulties, (published by the Harpers.) Boyhood of Great Men; also, Footprints of Famous Men, (published by the Harpers.) Parton's Life of Horace Greeley. Carlyle's Review of Heeren's Life of Heyne, — Foreign Review, No. IV., 1828. 246 QUESTIONS WITH REFERENCES. XXXVTL WAS THE HARTFORD CONVENTION JUSTIFIABLE? Dwight's History of the Hartford Convention. Otis' Letters in Defense of the Hartford Convention. XXXYIII. ARE NOT THE VIRTUES OF THE PURITANS GENERALLY OVER-ESTIMATED ? Neal's History of the Puritans. Grey's Examination of Neal on the Puritans. Madox's Vindication of the Church of England against Neal's History of the Puritans. Stoughton's Heroes of Puritan Times, with an Introductory Letter by Joel Hawes, D.D. Young's Chronicles of the Pilgrim Fathers. xxxix: WAS THE EXECUTION OF CHARLES THE FIRST JUSTIFIABLE? Hume's History of England. Clarendon's History of the Rebellion. Guizot's History of the English Revolution in 1640, from the Acces- sion of Charles I. to his Death; translated by W. Hazlitt. Hallam's Constitutional History of England ; also, Macaulay's Re- view of the same (in Modern British Essayists, Yol. I.) Abbott's History of Charles I. Lucy Aikin's Memoirs of the Court of King Charles I. Court and Times of Charles I. (London, 1848). Westminster Review, No XLIII, — Article II. XL. IS THE EARLY LEGEND OF ROMULUS AND THE FOUNDATION OF ROMR ENTITLED TO CREDENCE? Plutarch's Life of Romulus. Penny Cyclopedia, — Article, " Romulus." Anthon's Classical- Dictionary, — Articles, " Roma" and A Rom- ulus.'' Abbott's Life of Romulus. Kiebuhr's History of Rome. Arnold's History of Rome. SECTION XIII. DEBATABLE QUESTIONS. rpHE principal aim in this list is to secure abundance -*- and variety. No particular order of topics is ob- served, because none seemed to be needed. In respect to the wording of the questions, it is hardly necessary to say, that that is open to any and every alteration required or suggested by circumstances. 1. Ought the State to provide for the free education of all children (within lis borders? 2. Is a life of celibacy preferable to that of the married state ? ■■ught old Bachelors to be subjected to civil disabilities ? <*****- 4. - ould monopolies in trade ever be allowed ? • 5. Which yields the greater pleasure, anticipation or possession? 6. Is the maxim, "A poet is born such, not made" strictly true? t. Ought ministers of the gospel to engage in party politics? 8. Which life is subjected to the greater hardship, the soldier's oi that of the sailor? 9. Are the ancient Seres identical with the modern Chinese ? 10. Ought there to be a law of international copyright ? 11. Which contributes the more to eloquence, art or nature ? 42. Ought the Protective Policy or Tree-Trade Principles to pre- vail ? 13. "Which yields the higher entertainment, poetrj r or history? - 14. Is it expedient to form colonies of convicts ? ^_ 15. Is universal suffrage expedient ? 16. Is the doctrine of human perfectibility true? 248 MISCELLANEOUS QUESTIONS. IT. Can the immortality of the soul be proved from the light of jature alone? 18. Can a man who has been unjustly condemned to death, in- nocently withdraw himself from the hands of the law ? 1 9. Ought gambling to be suppressed by law ? * 20. Do men suffer more, in this life, from real than from imaginary jvils? 21. Ought a breach of promise of marriage to be punished merely by pecuniary fines ? 22. Which abounds the more in sublimity, ancient or modern poetry ? 23. Which exercises the greater influence upon mankind, hope or fear? vA. Which is the more serviceable to mankind, gold or iron ? 25. Which is better for the development of character, poverty or riches ? 26. Which is the better source of knowledge, reading or observa- tion? 27. Ought the blacks of the free States to have the privilege of voting ? 28. Is Roman Catholicism compatible with free institutions? 29. Would a repeal of the union between Ireland and England bo beneficial to the former ? ^30. Would a large standing army be conducive to our country's prosperity ? 31. Would a Congress of nations be practical or beneficial? 32. Were the Puritans justified in their treatment of the North American Indians ? v 33. Ought the liberty of the press to be restricted? 34. Was the Mexican war justifiable ? 35. Has the Negro more ground for complaint than the Indian ? 36. Was the banishment of Roger Williams justifiable ? 37. Was Governor Dorr's imprisonment justifiable ? 38. Was the war between England and China justifiable on the part of England ? 39. Is England likely ever to become a republic? 40. Is the Wilmot proviso constitutional ? 41. Ought our government to favor the building of a Pacific railroad ? 42. Was the intervention of the Erench at Rome just and ex- pedient ? '. MISCELLANEOUS QUESTIONS. 249 43. Ought imprisonment for debt to be abolished ? 44. Ought any foreign power to interfere in the affairs of Poland ? 45. Ought religious institutions to be supported by law ? 46. "Were the Allied Powers justifiable in interfering in the affairs of Greece ? 47. Was the field of eloquence among the ancients superior to that among the moderns? Da Infidelity on the increase? 4i->. Is too high regard paid to antiquity ? 50. Is there any limit to the progress of social improvement? 51. Ought the support of the poor to be provided for by the govern- ment? 52. Has the introduction of Christianity been unfavorable to poetry? 53. Ought the general government, or any state government, to compel all or any of the free blacks to remove to Liberia ? 54. Are fictitious writings more beneficial than injurious ? 55. Is assassination of tyrants justifiable ? 56. Ought general governments to be invested with more authority? 57. Have European commotions a tendency to promote liberty 58. Ought Free-Masonry to be suppressed by law ? 59. Is a public preferable to a private education? 60. Was the Hartford Convention justifiable ? 61. Should the United States government have assisted in the emancipation of the Greeks? 62. Ought privateering to be allowed? 63. Ought lotteries to be tolerated? 64. Ought the Chief Magistrate of the Union to have the power to pardon criminals? 65. Ought infidel publications to be prohibited by law? 66. Are public executions preferable to private ? 67. Ought a student to pursue professional studies, while in col- lege? 68. Is rotation in office politic ? 69. Do ghosts or spectres appear ? 70. Is it politic for Universities in the United States to import their professors ? 71. Ought the United States to encourage the Indians, now within their own limits, to emigrate further west ? 72. Has the British Government in India been beneficial to the natives ? 11* 250 MISCELLANEOUS QUESTIONS. 73. Have men of thought been more beneficial to the world than men of action ? 74. Does the prevailing system of popular lectures in the principal cities of the country deserve our support ? 75. Is the power of England beneficial to the world? 16. Are the principles of the Peace Society worthy of our support? 11. Which was the greatest historian, Hume, Gibbon, or Niebuhr? IS. Should the course of study in academies and colleges be the same for all the pupils ? 79. Is it expedient to unite manual with mental labor in an educa- tional establishment ? 80. Are all mankind descended from one pair ? 81. Is asceticism favorable to the development of Christian character ? 82. Is it expedient to abolish the system of college commons? 83. Is not the production of such a poem as the Iliad incompatible with the idea of the suoposed general ignorance prevalent in Homer's time? 84. "Which is preferable, a sanguine, or a phlegmatic temperament ? 85. Is childhood the happiest period of human life ? 86. Were the Pelasgi and the Hellenes one in language and in origin ? 87. Is not undue importance attached to precedents in our courts of law? 88. Has history been improved by the rejection of fictitious ora- tions ? 89. Which are the more praiseworthy, the Greek or the Roman historians? 90. Which was the greater poet, Milton or Homer ? 91. Is poetical genius greatly benefited by extensive reading? 92. Is it unimportant what one's doctrines may be, so long as his life is in the right ? 93 Are critical reviews advantageous to science and literature ? 94. Which affords the better field for eloquence, the pulpit or the bar? 95. Is it judicious to read on a given theme before we write upon it in full? 96. Which exercises the greater influence on tbe character of the young, the teacher or the preacher ? dl. Are the inequalities of rank and condition in society favorable to the advancement of learning? MISCELLANEOUS QUESTIONS 251 93. Should can author rest his fame on few or on many books? >i*— 99. Ought public opinion to be regarded as the standard of right? 100. "Was Bonaparte greater in the field than in the cabinet? 101. Is the savage state preferable to the civilized? 102. Are lawyers beneficial ? 103. Ought the Judiciary to be independent? 104 Does temptation lessen the baseness of crime? 105. Can the existence and attributes of the Deity be proved by the light of nature ? 106. Are Negroes inferior to white people in mental capacity? 10*7. Is a promise to a highwayman, not to take measures for his de- tection on the condition of sparing one's life, binding ? 108. Are women more revengeful than men? 109. Is a mind of acute sensibility, on the whole, desirable? ■110. Which is the more conducive to the best interests of the State, commerce or agriculture ? 111. Ought persons differing in religious sentiment to be united in marriage ? 112. Ought a Christian to unite in marriage with an unbeliever? 113. Is immersion essential to the validity of Christian baptism ? 114. Is the maxim, "No church without a biskop" true? 115. Are the moderns superior to the ancients in poetry and eloquence ? 116. Ought theological seminaries to be encouraged? 11 T. Is the assertion in the Declaration of Independence, " that all men are created equal" true ? 118. Has the moral influence of the United States, on the whole, been salutary to the world ? 119. Ought a man to pledge himself to total abstinence? 120. Has a man a right to kill another in self-defense ? 121. Was the fate of Sir Walter Raleigh a deserved one? 122. Is the sentiment, — " For forms of government let fools contest ; What *s best administered, is best," — justifiable. 123. Which exhibits the greater wonders, the land or the sea? 124. Ought human physiology to be a regular study in our com- mon schools? 125 Is the doctrine of original sin taught in the Bible ? ■f. 252 MISCELLANEOUS QUESTIONS. 126. Has tho Sinithsonian Fund been employed in a manner accord- ant with the intention of the donor ? " 127. Yfould the universal prevalence of Socialism advance the in* terests of humanity ? 128. Is morality separable from religion? 129= Ought normal schools to be supported by the State? 130. Is there Scripture authority for a belief in the Second Advent, and personal reign of Christ on the earth ? 131. Ought not a bank of the United States to be reestablished? 132. Is not the practice of auricular confession enjoined in Scripture, and conducive to morality ? 133. "Was the execution of the Due D'Enghien justifiable? 134. What were the origin and nature of the Eleusinian mysteries? 135. Has any State of this Union a right of secession? 136. Is intervention by one nation in the affairs of another ex- pedient ? 13*7. Ought a parent, who can avoid it, ever to intrust the education of his child to persons not directly responsible to himself? 138. Does morality keep pace with the progress of civilization? 139. Is sporting justifiable? 140. Ought the United States Government to establish a national system of education? 141. Is genius innate ? 142. "Which has done the greater service to the cause of truth, philosophy or poetry ? 143. Is there ground to believe that the atrocity of Richard III. has been greatly overstated ? 144. Which was superior, Matilda, wife of William the Conqueror, or Katharine, wife of Henry VIII. ? 145. Are the confessions made by the Earl of Bothwell immediately before his death, relative to Lord Darnley's death, to be regarded as true? 146. What country at the present time is under the best govern- ment? - -147. Was the execution of the Earl of Essex justifiable? 148. Which is the greater discovery, that of the magnetic needle or the electric telegraph ? 149. Did the writings of Junius exercise a beneficial influence upon the political condition of England ? 150. Did the reign of Oeorge IV. prove beneficial to England? MISCELLANEOUS QUESTIONS. 253 151. Ought the celebration of the birthdays of great men to be en- encouraged ? 152. Which was the greater man, considered as a reformer, Peter, the Great, of Russia, or Henry Till, of England ? 153. Which is the most civilized and enlightened country of the present time ? 154. Were the American Indians the aborigines of this continent? 155. Is Mnemotechny beneficial ? 156. Is the story of the Trojan war credible? 157. Is the cultivation of the Pine Arts always conducive to virtuous principle ? 153. Have savages a full right to the soil? tl59. Are political improvements better effected by rulers than by the people ? 1G0. Is the character of a nation affected by its climate? nJ 161. Ought representatives to be bound by the will of their con* * Btituents ? -462. Is crime prevented or produced by our present system of prison discipline? 163. Which is the superior historian, Thucydides or Tacitus ? 164. Ought witnesses to be held as prisoners? 165. Ought any portion of the earnings of a prisoner, during his con- finement, to be allowed him upon his release ? 166. Ought jurors to be paid? 167. Ought the sale of ardent spirits, for use as a beverage, to be prohibited by law ? 168. Was the action of the United States government in affording protection to Martin Koszta justifiable and expedient ? 169. Is it not equally the interest of the poor and the rich to prevent exorbitant taxation ? 170. Who is the hero of Paradise Lost? 171. Is card-playing a safe and justifiable amusement? 172. Ought suicide to be taken as evidence of courage, or of cowardice ? 173. Was the execution of Major Andre justifiable ? 174. Which is the better guaranty of success in the world, tact or talent? 175. Has more good than evil resulted to the world from the life -and religion ot Mahomet ? 176. Which is the more advantageous to a country, coal mines or gold mines ? 254 MISCELLANEOUS QUESTIONS. 111. Has the favor shown to great statesmen in this country been such as to encourage young men of talent to qualify themselves thoroughly for high political position ? IV 8. Has sectarianism done more to advance than to retard the interests of Christianity? 179. Which is the more useful in society, the farmer or the mechanic ? 180. Are the masses governed more by fashion than by reason? 181. Is the sentiment, " Whatever is, is right" a just one? 182. Will the Know Nothings exert a favorable influence upon the institutions of our country ? 183. Is it a wise policy to deal with our friends as though 'they might become our enemies ? 184. Is there such a quality as disinterestedness? -4-- 185. Is the maxim, " Our country, right or wrong," a justifiable one? 188. Do present appearances indicate the overthrow of the British empire? 18T. Ought not flagrant ingratitude to be a penal offense ? 188. Ought Patent-Rights to be granted ? 189. Does the present state of society in Europe portend the establishment of republican forms of government? 190. Ought parochial schools to be encouraged? 191. Does virtue always insure happiness ? 192. Is the assertion, "A little learning is a dangerous thing," true? ] 93. Which do men naturally prefer, truth or error ? 194. Was the last war of the United States with England justifiable ? 195. Which does society most injury, the slanderer, the robber, or the murderer? 196. Did the career of Napoleon Bonaparte produce more good than jvil results ? 197. Is it ever advisable to act from policy rather than from principle t 198. Does wealth exert more influence than knowledge? 199. Ought circumstantial evidence to be admitted in criminal cases? 200. Is a Republican form of government favorable to the cultivation af literature and science ? 201. Which yields the higher mental enjoyment, fact or fiction? 202. Is the English language likely ever to be universally prevalent ? ^y 203. Ought there to be a property qualification to entitle one to hold / a political office 9 MISCELLANEOUS QUESTIONS. 255 i 204, Ought the right of suffrage to be dependent upon i ny property /qualification ? 5 May an oath, taken under circumstances of stress cr deception, be yioiated without guilt? 206. Ought man to be confined to an exclusively vegetable diet? 207. Does the Bible prohibit judicial oaths? 208. Is pride commendable ? 209. Ought the Missouri Compromise to have been abrogated? U0. Which is worse, a had education, or no education? 211. Is any government as important and sacred as the principles which it is established to protect ? 212. Are banks more beneficial than injurious to a community? 213. "Which is preferable, genius without application, or application without genius? 214. Ought military schools to be encouraged ? _^ 215. Does not a written political constitution serve rather to hinder than to aid in securing the objects contemplated in its formation? 216. Have Byron's works an immoral tendency ? 217. Did the French Revolution aid the cause of liberty in Europe ? 218. Ought the private property of stockholders to be holden for the debts of a bank ? 219. Would the peaceful cession of the Canadas to the United States be mutually beneficial to our own government and Great Britain ? 220. Ought a judge to be influenced by the former character of a criminal ? 221. Has Spain received any material benefit from her colonies? 222. Were the Olympic and other ancient games beneficial? 223. Ought public men, on retiring from ofiice, in this country, to be pensioned ? 224. Is the present general mode of celebrating the Fourth of July beneficial to the country ? 225. Are different grades, or classes in society, inseparable from the present social system ? -y 226. Would it be a wise policy for the United States to establish large and powerful navy ? 227. Should Universities be under the control of the State? 228. .Is English aristocracy of birth likely to continue a poliJeal force 229. Are rents the causes of the high price of produce ? 230. Must the price of agricultural products rise with increase of Vrealth and population ? 256 MISCELLANEOUS QUESTIONS. 231. Can there be a general over-production of commodities? 232. Is there any real danger of over-population ? 233. Do our institutions demand profound statesmen? 234. Can any government be kept from oppression? 235. Ought the man who kills his antagonist in a duel to be pun« ished as a murderer ? 236. Can a knowledge of human nature, in general, and of individ- ual character in particular, be best derived from the study of history ? 237. Are the United States under deeper obligations to her warriors than to her statesmen ? 238. Is prosperity favorable to the morals of a nation? 239. Which afford the better opportunities for personal advancement, politics or literature ? 240. Which has proved the more useful to mankind, the invention of the mariner's compass or the application of steam to navigation ? 241. Which is the most powerful stimulant to exertion, emulation, patronage, or personal necessity ? 242. Would a division of the Union be beneficial ? 243. Is labor a blessing or a curse ? 244. Ought anonymous publications to be suppressed by law ? 245. Ought the surplus revenues to be distributed by Congress for the prosecution of internal improvements ? 246. Were the revolutions which took place in France, between the execution of Louis XYI. and the final restoration of Louis XYIIL, beneficial to that country ? 24*7. Do the signs of the times indicate a subversion of our govern- ment? 248. Ought a military spirit to be encouraged in a country ? 249. Were the principles of the Jeffersonian administration bene* ficial to the country ? 250. Ought the rate of interest on money to be regulated by law? 251. Are national celebrations beneficial? 252. Ought there to be in this country an order of men devoted ex clasively to literature ? 253. Are voluntary associations for the promotion of moral principles beneficial ? ^ 254. Is a State Legislature justifiable in violating its contracts ? 255. Have the administrations of our country pursued a correct policy in relation to the Indians ? 256. Is man accountable for his opinions?' MISCELLANEOUS QUESTIONS. 257 257. Ought a militiary chieftain to be the chief civil magistrate of a free people? 258.- Ought infidels to be admitted to public office ? 259. Is direct taxation preferable to indirect ? 260. Ought Parliament to interfere with the revenues of the Eng- lish Church? 261. Which was the more acute and profound thinker, John C. Cal- houn or Daniel Webster ? 262. Ought juries to be judges of the law as well as of the fact ? 263. Ought clergymen to be excluded from civil offices by law ? 264. Is the system of paper currency safe ? 265. Ought a President of the United States to be eligible a second time to office ? 266. Is difference of talent owing chiefly to nature or circumstances? 267. Are the rights of women duly regarded in the present consti- tution of society? 268. Is expediency the foundation of right? 269. "Which has the greater influence in the foundation of national character, physical or moral causes ? 270. Ought government to indemnify individuals for damages done by mobs ? 271. Ought an infidel to be allowed to testify in a court of justice ? „ 272. Ought a horse, or other beast of burden, when unable, by age or otherwise, to labor, to be killed, or turned out to die ? 273. Is the maxim, " Better that ten guilty persons should escape than that one innocent man should suffer" on the whole just and true? 274. Is there more of happiness than misery in human life? 275. Are tea and coffee, as beverages, injurious? 276. Ought the reading of the Bible, as a religious exercise, to be forbidden or neglected in our common schools ? 277. Which is the more desirable, a state of liberty without prop- erty, or a state of property without liberty ? 278. Is not the giving of military command to persons who hfve never seen service, a discouragement to the army ? -4- 279. Is the law of primogeniture just and expedient? 280. . »Is mere refinement of manners conducive to virtue? 281. Which is the more likely to procure general estimation, the reality of virtue or the appearance of it ? 282. Ought foreign emigration to be encouraged ? 283 Does the mind always think ? 258 MISCELLANEOUS QUESTIONS. 284. Is the glory of a victory, as a general thing, due more to the skill of the commander than to the bravery of the soldiers ? 285. [s a lie ever justifiable ? 286. Is animal magnetism altogether supernatural in its nature and operation, or is it a science founded upon natural laws ? 28*7. Ought religious tests to be required of civil officers? 288. Ought the education of males and females to be similar in de- gree and kind ? 289. Ought females to learn and practice the art of public speak- ing? 290. Ought the Bible to be employed as an ordinary reading book in schools ? 291. Had the celebrated apologue, entitled " Reynard, the Fox," an exclusively political aim.* 292. "Were the ancient oracles due to supernatural agency? 293. Is homeopathy worthy of confidence? 294. Ought eloquence to be studied as an art? 295. Is the doctrine of non-resistance sound ? 296. "Would the extinction of the Ottoman empire result in benefit to Europe? > 297. Was the Roman conquest beneficial to Britain ? 298. Were the institutions of chivalry beneficial to mankind ? 299. Were the first settlers of this country justifiable in taking forc- ible possession of the country ? 300. Which furnishes the most interesting subjects of investigation, the mineral, the animal, or the vegetable kingdom ? 301. Are differences of character attributable more to physical than to moral causes ? 302. Is the preservation of the balance of power in Europe a justi- aable cause of war ? 303. Does the present aspect of affairs in Europe give pledge or prospect of the speedy establishment of genuine liberty in that quarter of the world? 304. Is the charge of ingratitude, so often brought against Republics, founded in truth ? 305. Which did the greater service to mankind, Columbus or Sir Isaac Newton ? 306. Would a general European war be beneficial to the interests of this country ? * See, on this question, the "Foreign Quarterly Eeview," No. XXXIV., Art IIL MISCELLANEOUS QUESTIONS. 259 307. Has the restoration of Greece to political independence been on the whole beneficial ? 308. Has the introduction of machinery been, on the whole, bene- ficial to the laboring classes ? 309. Is transportation a justifiable mode of punishment ? 310. Was the ostracism, practiced in ancient Athens, justifiable? 311. Which is the more pernicious character, the slanderer or the flatterer ? 312. Is the system of hydropathy, or water-cure, entitled to confidence? 313. Is the attention paid to politics by all classes favorable to patriotism ? 314. Is not refinement, according to the notions of the present day, ■mfavorable to happiness ? 315. Does nature teach the doctrine or notion of a plurality of Deities? 316. Does the existence of different religious denominations tend to advance or to retard the cause of Christ ? 317. Should a man ever praise his own work? 318. Is the doctrine of innate ideas founded in truth? 319. Should the truth always be spoken ? 320. Which gives the better insight into human nature, reading or observation ? 321. Which afford the better field for the display of originality, the Fine or the Useful Arts ? 322. Which is the more interesting and instructive, G-recan or Roman history ? 323. Which is the more valuable, physical or moral courage ? 324 Ought secret societies to be tolerated? 325. Would any further extension of the Union be politic? 326. Has Christianity been a temporal as well as a spiritual blessing to the world ? 327. Is the temporal essential to the spiritual jurisdiction of the Pope ? 328. Ought a man to marry his deceased wife's sister ? 329. Can the immortality of the soul be proved from the light of mature ? 330. Ought a representative always to be an inhabitant of the town vr district represented ? 331. Which is preferable, city or country life ? 332. Is resistance to the constituted authorities in the State ever justifiable ? 260 MISCELLANEOUS QUESTIONS. 333. Ought emulation in schools to be encouraged? 334. "Which is the more conducive to the cultivation of literature, a monarchical or a republican form of government ? 335. Has a man a right to expatriate himself? 336. Is teaching a profession in the same sense, that law, medicine and theology are professions ? 33*7. Is Madison more deserving our estimation than Hamilton? I 338. Ts dueling ever justifiable ? 339. Ought theatres to be abolished ? 340. Which is preferable, anarchy or despotism ? 341. Is the American Colonization Society worthy of national support ? 342. Can the North Pole be reached by navigation ? 343. Would the acquisition of Cuba by the United States be bene- ficial to the latter ? 344. Is it possible to determine the true nature and origin of meteors ? 345. Is the natural state of man, as asserted by Hobbes, a state of war? 346. Was Cicero greater as an orator than as a philosopher ? 34*7. Is the habitual use of tobacco for chewing and smoking injuri- ous to health ? 348. Is the doctrine of endless punishment taught in the Bible ? 349. Has Junius ever been identified ? 350. Have we anything to fear from the spread of Popery ? 351. Was the Atlantis of the ancients identical with the continent- of America ? 352. Is corporal punishment necessary in the schools ? 353. Should a boy be taught those things only which he is likely to need in practical life when a man ? 354. Ought not Sunday-schools, in which the Bible is taught without reference to sectarian differences, to be supported by the public funds ? 355. Are the ideas of the mind separate from the mind itself? 356. Is it wise in a parent to labor to amass money in order to leave a rich inheritance to his children ? 357. Is there sufficient ground for the belief, that the career of Joan of Arc was due to supernatural agency? 358. Is the character of Aaron Burr justly estimated ? 359. Can utility be considered as a safe moral guide ? 360. Do modern biographies generally give a fair insight into human character ? 361. Was Warren Hastings' conduct in India justifiable ? MISCELLANEOUS QUESTIONS. 261 362. Are shoit terms of political office desirable? 363. Which is the most prolific source of crime, poverty, wealth, or tg Qorance ? 364. Which is superior, as an intellectual gymnastic, a classical or a ematical education ? 365. Is capital punishment justifiable? 366. Should the main end of punishment be the reformation of the criminal or the prevention of crime ? 367. Which furnishes the better safeguard against crime, the jail or the school ? 368. Which is the better government, a limited monarchy or a re* public ? 369. Is true eloquence the gift of nature or of art ? 370. Which is the more extensively useful, fire or water? 371. Is it ever right to marry for money ? 372. Ought our country to establish and endow a national um versity ? 373. Is it expedient to wear mourning apparel? 374. Which is the stronger inducement to the study of history, the love of truth, or mere curiosity ? 375. Has the study of mythology an immoral tendency ? 376. Which did the greater mischief. Mahomet or Constantine? 377. Is there any necessary connection between genius and eccen- tricity ? 378. Have not the defenses of Christianity been rather strengthened than weakened by the assaults of infidelity ? 379. Ought a man to be influenced in respect to the fashion of his apparel by a regard to the opinions or practice of others ? 380. Would the public morals be injured by the non-observance of the Christian Sabbath? 381. Ought truth ever to be withheld on the ground, that the world is not prepared to receive it ? 382. Is it expedient to make authorship a business or profession ? 383. Is the judgment of conscience always correct ? 384. Which is the more disadvantageous, credulity or skepticism ? 385. Which gives the more clear and forcible ideas of scenes and actions, the poet or the painter ? 386. Which is the more selfish person, the miser or the profligate ? 387. Ought one ever to advocate or defend what he believes to be false ? 388. Ought persons of foreign birth to be allowed the right of suffrage ? 262 MISCELLANEOUS QUESTIONS. 389. Ought government officers to be confined exclusively to native jitizer s ? 390. Have bir Walter Scott's writings been beneficial in their in- fluence ? 391. Is the system of American slavery more odious and unjust than Russian serfdom? 392. Which offers the better field for the cultivation of eloquence, the bar or the pulpit ? 393. Is the law an honorable profession? 394. Ought public school-money to be appropriated exclusively t common schools ? 395. Does proselytism favor the cause of truth? 39G. Should military achievements influence the election of Presi- dent of the United States of America? 397. Would the suppression of civil and religious liberty in Europe have -a tendency to destroy our own? . 398. Is the maxim, "Every man is the architect of his own fortune" true? 399. Is war ever justifiable ? 400. Should letters of marque and reprisal be granted? 401. Is the advancement of civil liberty indebted more to intellect- ual culture than to physical suffering? 402. Is nature alone sufficient to teach man his duty to G-od ? 403. Which has caused more evil, ambition or intemperance ? 404. Does not the persecution of any principle or party tend more to its advancement than the works of its own supporters ? 405. Are any of the so-called spiritual manifestations of the present day properly referable to the agency of departed spirits ? 406. Is the supply of coal from the mines likely always to be equal to the wants of the world ? 407. Ought the aim of education to be the harmonious development of all its powers, or the special training of individual faculties ? 408. Has popular superstition a favorable influence on the literature of a nation ? 409. In the present European struggle has the true spirit of huma freedoir. been manifested ? 410. Was the political career of Oliver Cromwell beneficial to G-rea Britain ? 411. Is our country in more danger from external factions than from internal foe 3 ? /■■ MISCELLANEOUS QUESTIONS. 263 4.12. TFas the claim of Texas upon New Mexico invalid ? \ Is the inebriate accountable to God for the crimes he commits intoxicated? 414 Which is the more effective in government, force or persuasion ? •ilS. Have false systems of religion caused more misery than false systems of government ? *i b. Would an intuitive knowledge of all we are capable of com- prenenumg, contribute to increase our happiness beyond that of our present state ? 41 T. Would an equalization of property conduce to the happiness of society ? 418. is not the rank neld by women in a community the best test of the morals uf that community ? 419. Is tne Union likely to be perpetual ? 420. Wltf iepnblicanism eventually supersede all other forms of government V 421. Has the enthronement of Napoleon III. benefited France ? 422. Ougnt tne French and English to have joined the Turks against Russia ? 423. Have we reason to conclude that other planets than our own are inhabited ? 424. Are the Indians generally capable of being civilized? 425. "Will African slavery be perpetual in the United States? 426. Ought Free-Masonry to be responsible for the murder of Morgan ? 427. Is a Reciprocity Treaty between the United States and Canada desirable ? 428. Is the popularity of a literary production a sure test of its merit ? 429. Is human life capable of any essential prolongation by human means ? 430. Is the literature of a nation affected by its form of government ? 431. Is the system of internal improvements politic? 432. Is the reasoning indicated in the famous aphorism of Descartes, Cogito, ergo sum" (I think, therefore I exist,) conclusive? 433. Is there evidence sufficient, apart from the Bible, to prove the existence, at some former period, of a universal deluge ? 434. Was the execution of Charles I. justifiable ? 435. Should the United States undertake to control the political movements of this continent ? 436. Is modern equal to ancient patriotism? 264 MISCELLANEOUS QUESTIONS. 43*7. Which is preferable, moral or physical courage ? 438. Are debating societies beneficial ? 439. Ought the Lancasterian system of teaching to be encouraged ? 440. Ought the President of the United States to be invested with the veto power ? 441. Are the educated classes more virtuous, on the whole, than the ignorant? 442. Are there any signs of decay in poetry and art ? 443. Does the eighteenth century deserve the eulogium pronounced upon it by Ouizot ? 444. Is there any great advantage in indirect elections ? 445. Is language a human invention ? 446. Ought the quantity of land held by one person to be limited? 447. Is the literary inferiority of the American nation owing to its infancy ? 448. Ought unanimity to be required that the verdict of a jury may have force? 449. Could England maintain her present superiority without an aristocratic class ? 450. Ought civilization to be propagated by force ? 451. Is the United States in danger from an aristocratic class? 452. Can republican forms of government exist without public virtue ? 453. Ought Congress to prohibit carrying and distributing the mail on Sunday ? 454. Was the American revolution justifiable on moral grounds ? 455. Are the crimes among barbarians more numerous or more heinous, as a general thing, than those among civilized men ? 456. Is a lawyer justifiable in defending a person whom he knows to be guilty? 457. Was Brutus justifiable in taking part with the conspirators against Caesar? 458. Ought a republican government to tolerate all religious denomi- nations ? 459. Were O'Connel and those indicted with him justly convicted? 460. Ought a student in college to direct his studies with reference to a particular profession ? 461. Was Swedenborg mistaken in the belief, that he vas admitted into intercourse with the invisible world ? 462. Should monuments be erected to the illustrious dead? 463. Is liberty one of man's rights ? MISCELLANEOUS QUESTIONS. 265 464. Have pride and ambition caused more evil than ignorance and superstition ? 465. Are American churches the bulwark of liberty ? 46G. Does spirituous liquor cause more evil than money ? 467. Is man governed more by moral than by civil laws ? 468. Would a universal language be desirable ? 469. Has light reading or social intercourse the better effect in pre paring one for usefulness ? 470. Which is the more prolific source of enjoyment, memory of imagination ? 471. Which have conferred the higher benefit on their country, the poets or prose waiters of England ? 472. Is the doctrine of ministerial parity fairly deducible from the Bible ? 473. Are the poetical parts of the Bible, considered merely as literary productions, inferior to the poems of Homer or Milton ? 474. Is poverty oftener the result of misfortune than of mismanage- ment ? 475. Which exerts the greater influence on the happiness of man- kind, the male or the female mind ? 476. Have the lost tribes of Israel ever been discovered? 477. Ought mixed schools* to be encouraged? 478. Has not fashion a tendency to pervert the judgment? 479. Should parties be compelled to give evidence in civil cases? 480. Ought the robbery of the grave to be punished as felony ? 481. Was the reign of Henry VIII. advantageous to the liberties of England? 482. Was the death of Caesar beneficial to Rome ? ■ 483. Ought Coriolanus to have made war against his country ? 484. Was the feudal system beneficial ? 485. Is alcohol, considered in respect to all its various uses, more in- jurious than beneficial to mankind ? 486. Was the Roman conquest beneficial to Britain ? i l odl +f 487. Was the monastic system beneficial to the interests of science? 488. Were the institutions of chivalry beneficial to mankind? 489. Would Regulus have been justified in not returning to Car- thage? 490. Does civilization tend to abolish military ambition? * That is, schools whersin males and females are taught together in the same classes. 12 266 MISCELLANEOUS QUESTIONS. 491. Are the present facilities of intercourse between Europe and the United States favorable to the latter ? 492. Which is the greater deprivation, loss of sight or loss of hearing? 493. Is the designation, ' Trriidbile genus"* so often applied to au- thors, just. 494. Is there any authoritative standard of taste? 495. Do modern discoveries in geological science serve to confirm or weaken our faith in the Mosaic account of the creation ? 496. Was the execution of Mary Queen of Scots justifiable? 497. Can there be a virtuous ambition? 498. Ought children be compelled to attend school, at certain hours, by force of law ? 499. Ought street beggary to be tolerated ? 500. Which is the more useful member of the community, the lawyer cr the clergyman? 501. Which is the most serviceable to mankind, the farmer, the me- chanic, or the merchant ? 502. Ought a teacher of youth to be himself a parent? . 503. Are brutes endowed with reason ? 504. Is the spendthrift more injurious to society than the miser? 505. Has the invention of gunpowder proved more useful than hurt- ful to mankind ? 506. Which is the meaner cha/acter, the liar or the hypocrite ? 507. Which was the greatest general, Alexander, Hannibal, or Napoleon ? 508. Ought the colonization of the African race to be encouraged? 509. Ought the election of President and Yice-President to be taken entirely from the Senate and House ? 510. Ought the national government to make appropriations for in- ternal improvements ? 511. Are the moderns superior to the ancients in rhetorical science ? 512. Would the peaceable accession of the Canadas be beneficial to the United States ? 513. .Had the allied powers a right to place a king over Greece ? 514. Which is the more serviceable to his country, the statesman or , tn.e warrior ? 51 5. Does morality advance equally with civilization ? 51G. Is universal peace probable ? 517. Which was the greater orator, Demosthenes or Cicero? * An irascible race. MISCELLANEOUS QUESTIONS. 267 518. Is military glory a just object of ambition? 519. "Which was the more powerful agency in producing the French revolution, the tyranny of the government or the excesses of the priests and n >bles ? 520. Are not popular superstitions favorable to the growth of poetry ? 521. Is there sufficient ground for a belief in the alleged deteriora- tion of animals and vegetables in America? 522. Are not the public, in this country, generally deprived of the official services of our best men, by the reckless abuse of the press during election times ? 523. Ought the Catholics to have a separate school fund? 524. Was Cromwell a patriot ? 525. Was Xapoleon's banishment to St. Helena justifiable ? 526. Ought a representative to be bound by the will of his con- stituents ? 527. Should government prohibit private mails? 528. Is it probable a republican government will be the prevailing one in the world ? 529. Were circumstances in past ages as favorable to the growth of literature as they are at present ? 530. Should the present popularity of a literary work be taken as an index of its real merits ? 5i31. Ought a college or university to be located in the city or in the country ? 532. Ought a man to propose himself for a public office and advo- cate his own claims to preferment ? 533. Is Puseyism compatible with Protestantism? 534. Is man a free moral agent? 535. Has the love of money more influence upon mankind than edu- cation? 536. Should the laws of justice ever be turned aside to favor the cause of humanity ? 537. Was the late United-States Japan expedition a just one ? 538. Does not a multiplicity of books rather clog than deepen the channels of learning ? 539. Is the character of Jefferson worthy of admiration? 540. Was the execution of Lady Jane Grey justifiable ? 541. Was it not the purpose of Shakspeare to delineate, in the con- duct of Desdemona, a character really indelicate and even unnatural, though apparently noble, refined, and every way commendable ? 268 MISCELLANEOUS QUESTIONS. 542. Was there a greater field for eloquence in ancient than in modern times ? ^1 543. Was the bankrupt law justifiable ? 544. Are our liberties more endangered by aristocracy than de- mocracy ? 545. Were the crusades beneficial ? 546. Is party spirit beneficial to a country ? 54Y. Is a fugitive slave justified in taking the property of others to aid his escape ? 548. Is offensive war justifiable in any case ? 549. Has the discovery of the New World benefited mankind ? 550. Are newspapers beneficial to the community at large? 551. Does the turpitude of a crime consist wholly in the intention? 552. Are populous cities beneficial to a country? 553. Is there reason to believe that the sages and philosophers of antiquity secretly discredited the popular religious systems of their day ? 554. Is Pope's " Essay on Man " justly chargeable with an infidel tendency ? 555. Ought universal suffrage to be allowed ? 556. Ought ambition to be used as a motive for educating youth ? 55V. Was the conquest of Granada by Ferdinand and Isabella justi- fiable? 558. Is Hogarth's theory, respecting the fundamental source, or principle of beauty, correct ? 559. Was Kossuth justifiable in resigning his post as governor of Hungary into the hands of Oorgy, and in fleeing his country ? 560. Is the practice, of reciting the speeches of others, as an exer- cise in elocution, on the whole, beneficial ? 561. Is it really a measure of prudence to issue what are termed "expurgated editions of the classics f " 562. Does universal suffrage lead men to value electoral rights ? 563. Which is the more useful to society, intellectual or physical labor? 564. Can we profit more by the excellences than by the defects of others ? 565. Is the character of Archbishop Laud, generally, justly esti- mated ? 566. Which is the more effective external means of securing favor, dress or address ? 667. Which is the more destructive element, fire or water? MISCELLANEOUS QUESTIONS. 269 568. Can any process of reasoning take place in the mind, without the aid of language, orally or mentally? 569. Had the ancients more virtue than the moderns? 570. Is prejudice a sin ? 571. Is there more to approve than condemn in the character of Oliver Cromwell? 572. Which has been the more serviceable to mankind, the printing- press or the steam-engine ? 573. Is the maxim, " Where there's a wiU, there's a way," always true ? 574. Would it be of advantage to fix the rate of wages by law ? 575. Is there an absolute standard of honor, as of right ? 576. Is the maxim, that " Men should surrender some of their rights" safe and just ? 577. Do democratic institutions promote a desirable form of manners and character ? 573. Are there more worlds than one ? 579. Are early marriages conducive to the well-being of society ? 5 SO. Is it a wise policy for Americans to send their children into foreign countries to be educated ? 581. Ought the right of chinch property to be vested exclusively in Bishops or any other ecclesiastical dignitaries? 582. Which of the lc wer animals is the most useful to mankind ? 583. Are inorganic forces likely to supersede human slavery? 584. "Were the Etruscans of Lydian origin? 5S5. Is the possession of a lively imagination a benefit or a misfor- tune? 586. Can the success of the Allied Forces, against Napoleon, at "Wa- terloo, be fairly attributed to any superiority of generalship displayed on that occasion ? 587. Can a man become great by imitation? 588. Do we grow more happy, as we grow more learned? 589. Is Poetry included in the province of Rhetoric ? 590. Are any two words, in any language, strictly synonymous, in all their applications ? 591. Is the keeping of the Sabbath necessary, or expedient, on any grounds other than those of a religious nature ? 592. Which is the more effective in promoting advancement in life, personal merit, or powerful friends ? 593. Is dissatisfaction inseparable from every condition of life? 270 MISCELLANEOUS QUESTIONS. 594. Is unjustifiable pride a certain result of superior talent, position, or wealth ? 595. Is a life of leisure desirable ? 596. Is there a demand in this community for daily religious newspa- pers ? 597. Ought the title, Doctor of Divinity, to be conferred on any per- son, who is not a minister of religion ? 598. Which is more difficult (even to the most sincere and earnest), introspection, or circumspection ? 599. Is there not more of pride than humility, in refusing to accept a College Degree? 600. Is oral teaching preferable to that which is given in text-books? 601. Is selfishness a necessary product of the long pursuit of gain? 602. Is the Sunday-school a substitute for parental teaching, in mat- ters of religion ? 603. Ought any book, except the Bible, to be employed as a text- book in Sunday-schools? . 60 1. Ought Horse-Racing to be encouraged ? 605. Which is more culpable, to recommend bad men, or bad goods? 606. Is independence of character possible in a civilized commu- nity? 607. Ought Sunday-school pic-nics to be encouraged? 608. Have the British conquests and rule in India, on the whole, been an aid, or a hindrance, to the cause of religion ? 609. Does the history of the Republics in South America justify the hope that civil and religious liberty will soon be there understood, and established as fully as in the United States ? 610. Ought non-professors of religion to be employed as teachers in Sunday-schools ? 611. Ought Normal schools, for Sunday-school teachers, to be estab- lished ? 612. Was the Norman conquest more injurious than beneficial to England? 613. Ought Sunday-schools, like day-schools, to have summer vaca- tions ? 614. Is genuine politeness possible, without genuine religion? 615. Is the assertion of Xenophon (Memorabilia, Book I., Chap. 2), that no intellectual training, or instruction, can be derived from a teacher that the pupil does not like, true ? 616. Ought Sunday-schools to have but one session a day? MISCELLANEOUS QUESTIONS. 271 617. Shall we in the next world be able to recognize those we have known in this? 618. Ought Sunday-school instruction to be always free from merely sectarian bias? GI9. Do we take yellow fever by contagion, or by atmospheric influ- 620. Is the character of Archbishop Cranmer a laudable one? 621. Which was the more enterprising, Marco Polo or Captain Cook? 622. Which is the more pernicious, a bad book or a bad companion? 623. Which has been the more serviceable to the cause of civil liberty, Garibaldi or Louis Napoleon ? 024;. Is the centralization of political power expedient? 625. Is a debtor justifiable in waiting to be dunned by his creditor, when he is prepared to meet his debt ? 626. Was Perkin Warbec really an impostor? 627. Which of the metals is most useful to man? 628. Which yields the greater delight, Hope or Memory? 629. Is Bancroft entitled to the first rank among historians? 630. Which is preferable, as an intellectual gymnastic, Greek or Sanscrit? 631. Is " Grey's Elegy " properly a pastoral poem? 632. What are the just limits of sacerdotal authority? 633. Which is the better condition for the enjoyment of life, man or woman ? 634. Which is preferable as a pastime, skating or dancing ? 635. Which exercises the most powerful influence on the morals of a people, the pulpit, the press, or the school ? 03G. Was the expulsion of the kings from Rome, on the whole, ben- eficial to the people? 637. Have quarantines secured the objects for which they were in- tend ed ? G'^S. Ought the officers of a Sunday-school to be appointed by the pastor, or by the officers of the church, or be elected by a vote of the teachers? 639. Did true civilization receive any decided advance from the cele- bration of the Grecian games? 640. Are the hopes of patriots, in respect to the perpetuity of Repub- lican governments, likely to be realized? 611. Which is worse, Stoicism or Fanaticism? 272 MISCELLANEOUS QUESTIONS. 642. Did the Lutheran Reformation give impulse to intellectual pro- gress in Europe ? . 643. Ought the classes in Sunday-schools to be smaller than those usually found in day-schools, having the same total numbers ? 644. Ought the present generation to create a debt for the next ? 645. "Was the destruction of Carthage a wise policy in the Romans? 646. Is beauty the object of a peculiar sense, or faculty? 647. Ought ridicule to be employed as a test of truth, or as a means of reformation ? 648. Ought the memorizing of passages from the Bible to be a. more prominent object in the Sunday-school than the exposition of doctrine? 649. Ought the superintendent of a Sunday-school, connected with a church, to be independent of the pastor ? 650. Ought mission Sunday-schools to be objects of more interest than those connected with a church ? 651. Are not perilous feats, such as those performed by Blondin, at Niagara, calculated to exercise an injurious influence on the commu- nity? 652. "Would it, as a general thing, be more beneficial than injurious for clerks to have a larger control of their time in the evenings than they now have ? 653. Is envy curable ? 654. Is the assuring of one's life a wise and justifiable means of pro- viding for one's family, after death ? 655. "What reforms are required to make quarantine more efficient, and less burdensome ? 656. Is pulmonary consumption likely ever to be brought under the control of medical agents ? 657. Do the learned professions offer better opportunities of success, to young men, than business pursuits ? 658. Is the example of the United States, according to present ap- "It^pearances, likely to increase, or to diminish, the favor of mankind towards republican governments ? 659. Do parents exercise a greater influence, in forming the character of the young, than teachers ? 660. Is a cultivated mind necessary, to render retirement from busi- ness pursuits endurable or agreeable ? 661. Are colleges and universities indispensable to the highest forms of educational training ? 662. Is every one owning property morally bound to make a will? MISCELLANEOUS QUESTIONS. 273 663. Were the Danish invasions, on the whole, a benefit or an in- jury to England ? 664. Is a bad brother, in distress, to be helped equally with a good one? "■. Which abounds the most in natural curiosities, Europe, Asia, Africa, or America? £66. Of what convenience, or luxury, would we now be destitute, had the mariner's compass never been discovered ? 667. What art, trade, profession, or pursuit of any name, is most beneficial to mankind ? 663. Is pride separable from vanity in actual character ? 669. Will the history of Rome, as Alison has asserted, remain, to the latest ages of the world, the most attractive, the most useful, and most elevating subject of human contemplation? 6T0. To which of the two is science the more indebted, Lord Bacon or Sir Isaac Xewton? 671. Is truth ever barren or unproductive? , 672. Is education a forced condition of the mental powers? 673. Ought students to be compelled to report the misconduct of their yfellow-stu dents ? 674. Do great crises produce great men, or great men great crises? 675. Did the great Athenian school of sculpture, of which Phidias was the head, take its rise at the commencement of the Persian wars or after the settlement of Greece, subsequent to those wars ? 676. Is it expedient to make calisthenics and gymnastics a part of common-school training ? 677. Are anonymous letters ever justifiable? 673. Does England, on the whole, owe more to the Reformation than she does to the Roman Catholic system ? 679. Should Sunday School scholars be rewarded for committing verses to memory ? 6 SO. On whom rests the greater blame, in allowing the execution of Joan of Arc, her professed friends, or her open enemies ? • 6S1. Which have done the greater service for their fellow-men, the unmarried and childless, or those married and having children ? 6S2. Do manners affect dress more than dress affects manners? 683. Is the observation of Bacon, that "the care of posterity is most in them that have no posterity," true? 684. Which is worse, ingratitude or avarice ? 685. Which is the more productive of evil, the culture of the intellect 12* 274 MISCELLANEOUS QUESTIONS. to the neglect of the moral powers, or the culture of the moral powers to the neglect of the intellect ? . 686. Is good government compatible with the idea of frequent popu- lar-elections ? 687. Is good government possible, where party politicians are numer- ous? 688. Ought one to make politics a permanent business or pursuit ? 689. Ought the emoluments of office in a republican government, ever. to be so large as to tempt able and enterprising men from private pursuits ? 690. Which is productive of the greater mischief, credulity or sus- picion ? 691. Which has been the more beneficial to this country, railroads, or steamboats ? 692. Is perpetual motion possible ? 693. Which is the most valuable fruit produced in the United States ? 694. Are the most important grains and vegetables indigenous to America or exotic ? 695. Is the multiplication of works of fiction favorable to the forma- tion of a permanent literature ? 696. Did the soul of man always exist? 697. What is the most striking event in American History? 698. Which is in greater need of true friends, the prosperous or the unfortunate man ? 699. Which yields the higher enjoyments, intellectual or physical life? 700. Is the pugilistic art more useful than pernicious ? 701. Ought parents to choose vocations for their children without regard to what appears to be their natural tastes and inclinations ? 702. Was Thomas a Becket a hypocrite in religion ? 703. Is Hume's account of the Stuarts impartial? 704. Is the Giants' Causeway entirely a work of nature? 705. Was not the spiritual supremacy of the Pope in the dark ages, a blessing rather than a curse ? 706. Did William, Duke of Normandy, fairly earn the title of " Con- queror ?" 707. Which is the more flagrant crime, slander or theft ? 708. From which class has the world derived the greater benefactors, the printers or the shoemakers ? MISCELLANEOUS QUESTIONS. 275 709. Is slave-holding condemned, as a sin, in the Bible ? 710. Do revolutions advance or impede the cause of civilization ? Til. Ought Charles I. of England, to be regarded as a Christian martyr ? 712. Which exercised the more pernicious influence, Laud, or Straf- ford? 713. Is Macaulay entitled to the rank of a first-rate historian ? 714. Waa Lord Chesterfield a true gentleman, even according to the standard of his own times ? 715. Is true friendship possible between persons widely different in social position ? 716. Which is the more pernicious to society, the political or the clerical demagogue ? 717. Does phrenology give a tendency to infidelity? 718. Is it true as asserted by the poet, — "Honor and Shame from no condition rise ; Act well your part ; there all the honor lies." ? 719. Is the scientific world more indebted to Bacon than to Aristotle ? 720. Does history justify Pope in calling Bacon "the meanest of mankind ?" 721. "Which is more beneficial to a community, free lectures or free libraries ? 722. Did Robespierre advance or impede the cause of civil liberty? 723. Did Mary of England, justly deserve the epithet " Bloody f n 724. Which did the most toward unsettling the foundations of the Christian faith, Gibbon, Yoltaire, Hume or Paine ? 725. Which was the wiser philanthrophist, Howard or Wilberforce ? 726. Has not the multiplication of newspapers in this country come to be a great evil ? 727. Ought Cranmer to be ranked among Christian martyrs? 728. Were the charges preferred against the Earl of Strafford fairly prov-n on his trial ? 729. Was Laud a traitor within the meaning of English statutes then existing? 730. Was Cromwell superior to Napoleon in the general spirit and character of his administration ? 731. Has the improvement in medical science kept pace with the increase of disease, during the last three hundred years ? 732. Is Macaulay's estimate (Ed. Review, 1831,) of Johnson just ? 733. Is theology, properly so called, a progressive science? 276 MISCELLANEOUS QUESTIONS. 734. Ought the propagation of religious truth to be made one of the principal ends of civil governments ? 735. Is the right of tithe justly derivable by argument from the Leviti- cal law ? 136. Is the love of approbation a stronger motive than the love of wealth ? 737. Is war likely to be arrested by the progress of intelligence and . civilization ? 738. Is regular education unfavorable to vigor or originality of. mind ? 739. Is it true that those who are the most alert in discovering the faults of a work of genius, are the least touched with its beauties ? 740. Which has been the more effective for good or evil, courage or rashness ? 741. Which had the more fertile genius, Shakspeare or Sir Walter Scott ? 742. In great national struggles, has one a right to be neutral ? 743. Is it unlawful according to the spirit of Christianity, to engage in the profession of arms ? 744. Ought snow-balling to be prohibitted by law ? 745. Was Charles I. the author of the Elkcov Ba<7£/U/C7?? 746. Was Struensee guilty of the political offenses laid to his charge ? 747. Is Machiavelli's " Prince" to be regarded as a course of conduct commended by the author, or merely as an exposition of immoral policy ? 748. Is the voyage of Columbus likely ever to become the subject of a great epic poem ? 749. Which is the more dangerous to the stability of governments, concession or resistance ? 750. Is true taste found exclusively in what are called the higher circles of society ? 751. Can miracles alone work conviction ? 752. Which is the more useful character, the wise conservator or the wise innovator ? 753. Is man by nature insubordinate and prone to rebellion ? 754. Was Sir Walter Scott a great man ? 755. Are the ordinary courses of study in schools and colleges suffi- ciently practical ? 756. Ought the authors of the best novels and romances to be set down among the benefactors of mankind ? 757. Is the art of criticism necessary to the development of genius? MISCELLANEOUS QUESTIONS. 277 758. Is genius gradually declining? 759. Is it true that those who live by ministering to the amusement of others, are themselves always correspondingly amused? TOO. Is the past equally effective with the future, in determining the present ? 761. Is it true that religious men are more subject to enthusiasm, whether healthy or morbid, than other people ? 762. Is mirth allowable in preaching? 5. Is it true that England under the sway of Cromwell, witnessed a diffusion of the purest influence of religious principles ever known in that country before that time ? 764. Are the notes or songs of birds innate or artificial ? 765. Is connubial felicity possible in those cases where there is equal- ity of mental power and attainment ? 766. Should hired singers be employed in Christian churches? 767. Is congrational singing practicable? 768. Are the poems of Ossian authentic? 769. Is it the true policy of the government to give land to actual set- tlers? 770. Is alms-giving a proof of benevolence ? 771. Was the United States government justifiable in removing the Indians from their homes ? 7 72. Are our liberties endangered by the presence of "foreign influ- " ence ?" 773. Are meteoric stones of earthly origin? 7 74 Is poetry an imitative art? 7 75. "Which is the greater incentive to exertion, the hope of reward or the fear of punishment ? 776. What country of Europe has suffered the greatest wrongs ? 777. Which was the more unscrupulous in the use of satire and ridi- cule. Yoltaire or Dean Swift ? 778. Did Jepthah really and literally sacrifice his daughter? 779. ITad the people in the general assemblies, in ancient Greece, the to speak and vote on the questions discussed? 7 SO. Is teaching properly a science ? 7 SI. Is the ancient pronunciation of Latin recoverable? 782. Does a college course unfit a person for entering with due spirit and energy on business pursuits? 783. Is truth more prevalent than falsehood, in professedly moral circles ? ■s/ 27$ MISCELLANEOUS QUESTIONS. t84 Was General Lee, of Revolutionary memory, a traitor? 785. Is the doctrine of the pre-existence of souls in some former state, fairly deducible from reason and from Revelation ? 736. Ought the supremacy of the Church in temporal concerns to be recognized ? or ought the control of the Church to be confined to things spiritual ? 787. Does the pecuniary or mercantile prosperity of a nation depend upon its intelligence ? 788. Are civilized nations justified in seizing and occupying countries inhabited by savages? 789. Is extension of territory favorable to the strength of a govern- ment? 790. Should early marriages be encouraged? 791. Ought children to be permitted to read fairy tales? 792. Which has been more beneficial to the world, religion or learn- ing? 793. Is it probable that any powerful natural agent like steam, re- mains yet to be discovered ? 794. Is it ever right to do wrong? 795. Is it ever wrong to do right? 796. Was Jefferson or Jackson the better president ? 797. Is a submarine telegraph to Europe practicable? 798. Has the true cause of the Aurora Borealis been discovered? 799. Which is the most agreeable season of the year ? 800. Will the heathen perish eternally without the gospel ? 801. Would absolute freedom of opinion be a blessing? 802. Whioh is the higher source of pleasure to the human race, music or poetry ? 803. Is the number of metallic substances probably indefinite? 804. Which is the more useful study, Geography or Physiology? 805. Who is the greatest genius that has yet appeared in America ? 806. Is it probable that the decimal system will finally supersede all others ? 807. How was America originally peopled? 808. Should we encourage the study of Geography from outline maps alone ? 809. Which are the more pleasing objects of contemplation, birds or flowers ? 810. Which is the most useful implement? 811. Is absolute silence possible? MISCELLANEOUS QUESTIONS. 270 812. Which musical instrument has the most power in Exciting emotion ? 813. What causes the saltness of the sea? SI 4. Which is the more important invention, the Sewing Machine or the Reaper? 815. Js Phonography likely to prevail universally? 81G. Is aerial navigation practicable? 817. In case of a serious accident, should a man save his wife or his mother, (supposing it impossible to save both) ? . SIS. Have the most important discoveries been the result of scientific pursuit, or of accidental circumstances? 819. "Which is the most useful vegetable? S20. Which is the most valuable tree? 821. Is " the resurrection of the body" taught in Scripture ? 822. Which of the minerals is the most important? 823. What degree of latitude, if any, is most favorable to the highest development of the human race? 824. Which has produced the greater results, silence or noise ? 825. Does the profession of teaching operate as a disqualification for the office of a good wife ? 826. Is increase of wealth favorable to refined morality ? 82 T. Can more than two political parties in a free country be long sustained ? 828. Is minute distribution of labor favorable to social progress? 829. Is the world advancing in morality? 830. Is moral or physical violence — holding up to contempt, or bind- ing to the stake — more unchristian ? 831. Should naval schools be supported by government ? 832. Which of the learned professions gives largest promise of suc- cess ? S3 3. Has architecture, poetry, or music been most serviceable to reli- gion ? 834. Are the dictates of a man's conscience of higher authority than human law ? 835. Does civilization owe more to science or to art? 836. Is there satisfactory evidence that a more civilized race occupied this continent before the Indian tribes ? 837. Were the miracles wrought by the Egyptian magicians real? 838. Do fables furnish a proper medium for conveying instruction to the minds of the young ? 280 MISCELLANEOUS QUESTIONS. 839. Is obligation commensurate with ability? 840. Has an innocent convict a right to escape from punishment? 841. Ought the state to enforce the education of all children within its jurisdiction ? 842. Is the location of a literary institution in the country preferable to one in the city ? 843. Are the heavenly bodies inhabited ? 844. Is American literature likely to be more benifited or injured by the mixture of races in the United States ? 845. Has the spirit of loyalty degenerated or only changed its form of expression in modern times ? 846. Are holy affections necessary to a right understanding of Divine truth? 847. Should theological students be required to complete a professional course of study before receiving a license to preach ? 848. Do public amusements benefit society ? 849. Is intellectual improvement favorable to works of imagina- tion? 850. Have the results of Arctic expeditions justified their cost? 851. Is light material ? 852. Has Greece or Rome contributed more to the advancement of civilization ? 853. Has Great Britain or the United States been more successful in conducting modern missions? 854. What convenience or comfort has the art of making glass con- ferred upon us, not attainable in some other way ? 855. Is mental arithmetic sufficiently prominent in our present courses of public instruction ? 856. Which is the more offensive in society, egotism or pedantry? 857. Is the cause of our disgust at egotism ascertainable ? 858. Is the theory of the identity of all fevers founded on fact? **J 859. Ought judges to be elected by the people ? 860. Was the greater military skill displayed in the assault or de- fense of Sevastopol ? 861. Is the custom of erecting monuments to the illustrious dead beneficial to the living? 862. Ought not evening schools to be considered essential to the complete success of a system of public instruction ? 863. Is etymological analysis necessary to a thorough knowledge of the English language ? X MISCELLANEOUS QUESTIONS. 281 864. Are conventional rules of etiquette favorable to the exercise of true courtesy ? 865. Which is the meaner character, the sycophant or the coquette? 866. Which has secured the greater blessings to mankind, fortitude or courage? 867. Which is the better authority in orthography and definition, Webster or Worcester? S6S. Was the voyage of the Argonauts a piratical expedition ? 869. Is ambition a vice or a virtue? 870. Is it true that " whatever is, is right?" S71. Was the deposition of Louis XYI. of France justifiable ? 872. Was the Sabbath kept before the time of Moses? 873. Is it true that " where ignorance is bliss, 'tis folly to be wise?" 874. Should a man be content with a competency? 875. Who contributed most to American liberty, Franklin or La- fayette ? 876. Have the most valuable inventions of the last half century been made by Americans or foreigners ? 877. Have the most important discoveries of the nineteenth century been made by Americans or others ? 878. Is it true thafevery one who can read, can learn to sing? 879. Does the keeping of pets tend to effeminacy of character? 880. Who was the hero of the Mexican war ? 881. Have the most successful novels of the last twenty-five year3 been produced by men or women ? SS2. Was Macaulay's plan for a History of England practicable? 883. Does the mind ever entirely lose an idea it has once possessed ? 884. Is taste a proper guide for the appetite? 885. Has a clergyman a right to perform the marriage ceremony for himself? 886. Is a minister justifiable in performing the marriage ceremony for minors without the consent of their parents ? 8S7. Is the participle properly a separate part of speech ? 888. Is a knowledge of the dead languages necessary to good schol- ar-hip ? 889. Do the Scriptures predict a millennium? 8S0. Will the Jews, as a nation, be gathered to the Holy Land before the close of the world's history ? 891. Which has the stronger claim upon the American Church, Foreign or Home Missions ? 282 MISCELLANEOUS QUESTIONS. 892. Did the Asteroids originally form a single body? ^/ 893. Is it advisable for the general government to surrender the j" carrying of the mails to private enterprise ? _ 894. Is the utility of comets discoverable by science? 893. Is the true cause of the Zodiacal Light known? 896. Are school exhibitions beneficial ? >C ^' ^ s ^ ^ e ^ rue P°l' ic y °f a re P u blic to mantain a standing army in time of peace ? 898. Can a person commit sin without knowing it? 899. Are modern geologists justified in assigning a greater age to the globe than that which is given in Bible chronology ? 900. Should gymnastic exercises form an essential part of the course in high schools and colleges ? 901. Ought the atomic theory to be accepted, as a fact or merely as a convenient scientific hypothesis ? 902. Is electricity a material substance ? 903. Are we justified in regarding light and heat as material fluids ? 904. Is hydrogen a metal? 905. Does the study of the physical sciences conduce to mental de- velopment as much as the classics ? 906. Is the course of classical study pursued in our colleges condu- cive to the highest interest of the student? 907. Have species and genera a real existence in nature? 908. Is there evidence sufficient to warrant the belief that the so called elementary bodies are really undecomposable ? 909. Is the existence of such an animal as the sea serpent worthy of credence ? 910. Is there, evidence sufficient to warrant a belief in the existence of an unfrozen ocean about the north pole ? 911. What was the chief source of Summerfield's success in preach- ing? 912. "What difference, if any, is there between the language of imag- ination and the language of passion ? 913. Does experience justify the 'hope of happiness usually antici- pated in retirement from active life ? 914. Has the precise locality of Golgotha ever been determined? 915. Is their Scripture warrant for observing the first day of the week, instead of the seventh, as a Sabbath ? 916. Was the land of Gush in Africa ? 91*7. Is it possible to ascertain the exact locality of the ancient Ophir ? MISCELLANEOUS QUESTIONS. 283 918. "What is the most fatal temptation to young men ? 919. What is the essential difference between gambling and trad- ing? 920. What should be the chief aim in education? 921. Does ''practice make perfect?" 922. Are the historical writings of Josephus entitled to belief? 923. Which is the more valuable in a commercial point of view, corn or cotton ? 924. Is the congregational form of church government most in ac- cordance with Scripture ? 925. Which is the more reliable safeguard, a good dog or a good gun? 926. Is truth ever stranger than fiction ? 927. Is it probable that science will ever develop the true functions of the liver ? 928. Which is the most useful to mankind the Microscope or the Tel- escope ? 929. Is there sufficient reason to believe that the poems attributed to Homer, are really the productions of several different minds ? 930. Is a Christian justifiable in the use of hair dye? 931. Is genius always conscious of its powers? 932. Are tea and coffee, used moderately, injurious ? 933. Which is the more useful invention, the Street Sweeping Ma- chine or the Steam Eire Engine ? 934. Does the moon exert any other influence on the things of earth than that upon tides ? 935. Are Fireworks more beneficial than injurious? 936. Do lightning-rods really furnish protection to buildings ? 937. Is the King-bird a destroyer of bees ? 938. Should children in common schools be thoroughly instructed in the nature of our constitutional duties and obligations ? ■ 939. Is true patriotism declining ? 940. Which is better for a city, a paid or a volunteer Fire Department ? 941. Is the common practice of preaching from isolated texts the most beneficial ? 942. Which are better calculated to affect the minds and hearts of men religiously, written or extemporaneous discourses ? 943. Is infirmity a necessary concomitant of genius ? 944. Ought national and state mottoes to be expressed in foreign lan- guages? 284 MISCELLANEOUS QUESTIONS. 945. Which is most rare, a sound mind, a sound body, or the union of both ? 946. When did the latter half of the nineteenth century begin ? 947. Is the doctrine of total depravity taught in the bible ? 948. Is it proper to say of ||he dew that it falls ? 949. Is the Old Testamen&prohibition to abstain from blood, as an article of food, still binding ? 950. Which produces the greater mischief in the world, the knaves or the fools ? 951. Is there good reason to believe that the rainbow ever appeared before the Flood ; that is, till it became the visible sign or pledge of the covenant with Noah ? 952. Is truth a means or an end ? 953. Did the Chaldeans ever exist as a nation proper ? 954. Is a fool better known by his questions than by his answers? 955. Would a man be made better or worse for knowing just what every one said or thought of him ? 956. Would the world be better or worse by the banishment of all forms of hypocrisy? 951. Is the multiplication of large cities an evil to a country? 958. Is it advisable to confer the title of Doctor of Divinity upon persons who are not ministers of religion ? 959. Ought any but Lawyers to be elected to form a legislative body? 960. Which would be preferable, to work every day for one dollar a day, or every other day for two dollars a day ? 961. Is political corruption the necessary result of republican gov- ernment ? 962. Do Encyclopedias encourage superficial scholarship? 963. Are republican institutions favorable to the highest order of statesmanship ? 964. Is adversity necessary to the development of a great character? 965. Are studious habits necessarily unfavorable to long life ? 966. Which is best entitled to the praise of genuine humor, — Sterne, Rabelais, or Cervantes ? 967. Which are the more interesting, explorations by sea or by land? 968. Was the first Napoleon superior to Louis Napoleon as a states- man ? 969. Which is the higher proof of merit, to have many enemies or many friends ? MISCELLANEOUS QUESTIONS. 285 970. Is a revealer of secrets any less criminal than one who violates pecuniary trusts ? 971. Is all envy proportionate to desire ? 972. Is affectation less vile than hypocrisy? 973. Are splendid achievements the surest signs of true greatness? 97-4. Is it true that every government is perpetually degenerating toward corruption ? 975. Is there any crime more heinous than the violation of truth ? 976. Which is preferable, private life or public station? 977. Do the moderns surpass the ancients in power and delicacy of satire ? 978. Is the study of dress, in fashionable circles, more diligently pur- sued by women than by men ? 979. Which, at a theatrical representation, affords the more instruc- tive spectacle, the audience, or the performances on the stage ? 980. Which is the greater evil, in this country, hasty legislation, or rash and unprincipled journalism ? 981. Is not the doctrine of rotation in office, as practiced in this country, more baneful to society than any system of lotteries ? 982. Is not the present dearth of great statesmen in this country, due directly to the conviction that not the great, but the politically " available' 1 candidate alone can hope to succeed at the polls? ^ 983. Ought not the practice of " buying on time" to be indictable ' under the law against gambling ? 984. Are Indians and Negroes ever likely to be generally received, on equal terms, in American society ? 985. Is a knowledge of the Hebrew and Greek languages necessary to the highest success in the Christian ministry ? 986. Was the divorce of the Empress Josephine justifiable ? 987. Is animal food necessary for the perfect health and development of mankind ? 988. Which contributed more to the permanent glory and prosperity of France, Louis XIY., or Napoleon Bonaparte? 989. Is the United States destined to be a great military power ? 990. Will wars ever cease ? 991. Ought any permanent support to be provided for the poor? 992. Has fashion accomplished more good or evil in society ? 993. Ought there to be an established religion ? 994. Is it possible to secure the "greatest good of the greatest num- ber" in human governments ? 286 MISCELLANEOUS QUESTIONS. 995. Was attainder and corrupton of blood ever a proper punish- ment ? 996. Ought public expenses to be defrayed by levying the amount di- rectly upon the people, or is it expedient to contract a national debt or the purpose ? 997. Has the mere belief in a future state been of advantage to mankind ? 998. Is there any real ground for the distinction, commonly assumed, between moral and physical courage ? 099. Should a military spirit be encouraged in common schools ? 1000. Should the elective franchise be extended to women? 1001. Ought any political question to be discussed in the pulpit? 1002. Is a reform desirable in the present system of female educa- tion ? 1003. Ought every person of unsound mind to be exempted from all legal responsibility for his actions ? 1004. Is phrenology worthy of attention from the student of mental science ? 1005. Is an exclusively vegetable diet advantageous? 1006. Was Mahomet an enthusiast, or an impostor? 1007. Are political parties productive of more harm than good ? 1008. Is it probable that England will long retain her present com- manding position ? 1009. Is the elevation and encouragement of the drama a proper ob- ect of effort ? 1010. Should foreign emigration be restricted ? 1011. Is the death of Cato UJticensis worthy of admiration? 1012. Is it expedient for the United States to support Military Academies ? 1013. Can the existing evils of society be essentially relieved by any social organization ? 1014. Is trial by judges preferable to trial by jury? 1015. Ought the mails to be carried on Sunday? 1016. Is the diversity of language on the whole an evil? 1017. Is national character influenced more by physical or moral causes ? 1018. Does the poet or the statesman do the more for civilization? 1019. Is the character of the Puritans over-estimated by their de- scendants ? 1020. Is " Lynch law" ever justifiable? MISCELLANEOUS QUESTIONS. 287 1021. TTas civil liberty in Europe promoted by the career of Napoleon? 1022. Of two objectionable candidates, one of whom will certainly .vted. is it right to risk the election of the worse, by voting for hird candidate ? 1023. Does the progress of civilization diminish the love of martial glory? 1024. Do legal or clerical studies better develop the intellect ? 1025. Would Ireland be benifited by an immediate secession? 1026. Are the most practical nations the most likely to perpetuate names and institutions ? ] 027. Is satire a proper instrument for the reformation of evil ? 1C2S. Do Peace Societies exert any efficient influence in diminishing the number of wars or mitigating their barbarity ? 1029. Is an aristocracy of wealth to be preferred to an aristocracy of birth ? 1030. In times of political agitation, is it the duty of every citizen to declare his political sentiments, and attach himself to some party? 1031. Do the learned professions offer as promising an opening, for a young man, as mercantile life ? 1032. Do inventions have a tendency to improve the conditions of the laboring classes ? 1033. Did Mahomet believe in himself? 1034. Which is the more useful, drawing or music ? 1035. Should moral instruction be given as a stated exercise, or only incidentally ? 1036. Is it right or expedient to put down quackery by law? 1037. How can pupils best be taught good manners ? I" ; 38. Has surgery or medicine tended more to the alleviation of human suffering? 1039. Should vocal music be regularly taught in common schools? 1040. Has the art of healing kept pace with the other arts and sciences ? 1041. What methods of instruction will most successfully lead pupils to original investigation ? ^2. Does a man that really deserves fame, ever seek it? 1043. Should text-books be in the form of question and answer ? 1044. Ought Anglo-Saxon to be among the regular studies in colleges and high schools ? 1045. What kind of physical education is best adapted for introduc- tion into the school-room ? 288 MISCELLANEOUS QUESTIONS. 1046. Is it wise in any community to buy wholly or mainly of those who are already enormously rich ? 1047. "What is the natural order of mental development ? 1048. Ought the plea of political necessity ever to be admitted as an excuse or palliation for violating the Constitution or the laws ? 1049. Does the material prosperity of a nation depend upon its in- telligence ? 1050. Is the principle of " object teaching" philosophical and worthy of universal attention ? 1051. Is national wealth incompatible with national virtue? 1052. Are Christians justified in going to law with one another ? 1053. Should object-teaching be reduced to a system, or left to the direction of circumstances ? 1054. Are wit and humor essential to the highest success in teach- ing? 1055. Is there any medicinal or curative virtue in laughing ? SECTION XIV. FORM OF A CONSTITUTION AND BY-LAWS SUITABLE FOR A LITERARY OR DEBATING SOCIETY. TT being one of the first duties, upon the formation -*- of a Literary or Debating Society, to provide a sys- tem of rules and regulations, whereby the objects of the society may be more certainly secured, it is cus- tomary, for that purpose, to appoint a committee to draft a suitable constitution, as also such by-laws as may seem expedient. In so doing, it is convenient and useful to have at hand forms which have already been submitted to the test of experience ; for these serve as guides in ascer- taining what has elsewhere, under the like circum- stances, been fo :nd necessary or desirable. And, although every essential aid, perhaps, in cases of this kind, might be found in that part of the present work* which treats of the Eules of Order in Delibera- tive Assemblies, still, that nothing in this regard may be wanting, we present, in this Section, a literal copy of the constitution and by-laws of a society now in successful operation. Of course, this is not given as a model to be implicitly followed, but as a, form to be altered, modified, and adapted to circumstances. It is wisdom to avail ourselves of the experience of others, * Section VI. 13 CONSTITUTION, Bfi-Ccuos, emir finlss of (Drber OF THE ADDISONIAN SOCIETY OF THE CITY OF NEW YC PwK. * Jprecnnble. We, the undersigned, do declare ourselves an Asso- ciation for mutual improvement in Elocution, Compo- sition and Debate, and for enlarging our fund of gen- eral intelligence: in the pursuit of which objects we desire to exhibit a due consideration for the opinions and feelings of others, to maintain a perfect command of temper in all our intercourse, to seek for truth in all our exercises — and have adopted ibr our govern- ment the following Constitution, By-Lavjs, and Rules of Order. CONSTITUTION. Article I. — Name. This Association shall be known by the name of the " Addisonian Society. ; FORMS OF A CONSTITUTION, 291 Article II. — Officers. The Officers of the Association shall consist of a President, a Vice President, Recording Secretary, Cor- responding Secretary, and Treasurer, who shall con- stitute a Board of Directors : also two Tellers and an Editor. Article HI. — Officers' Duties. Sec. 1. — It shall be the duty of the President to pre- side at all meetings of the Society, to enforce a due observance of the Constitution. By-Laws, and Bules of Order ; to decide all questions of order, offer for consideration all motions regularly made, apportion duties two weeks in advance, call all special meetings, appoint all cornmiitees not otherwise provided for, and perform such other duties as his office may require. He shall make no motion or amendment, nor vote on any question or motion, unless the Society be equally divided, when he shall give the casting vote. See* 2. — In the absence of the President, the Vice President shall perform the duties of that officer, and shall be Chairman of the Board of Directors, Sec. 3. — The Recording Secretary shall keep in a book, provided for the purpose, a record of the pro- ceedings of the Societv; also a record of the name and residence of each member, showing, when he was admitted, and when he died, resigned, or was expelled; keep a record of the subjects debated, the disputants and the decisions of the Society in a separate book, and shall have charge of all books, documents and papers belonging to the Society, 292 FORMS OF A CONSTITUTION Sec. 4. The -Corresponding Secretary shall notify absent members of their duties for the two succeeding meetings, also each person elected a member, of such election, and shall write all communications. • Sec. 5. The Treasurer shall receive all moneys be- longing to the Society ; keep an account of all dues and fines, and of all receipts and expenditures ; notify each member monthly of his dues and fines, and collect the same; and shall call the Boll at the opening and close of each meeting. He shall report the state of the Treasury whenever required by a resolution of the Society, and shall make no payments without a written order from the President, and countersigned by the Becording Secretary. Sec. 6. The Editor shall copy, in a book provided for the purpose, all communications received by him, excluding such as may contain personal or improper remarks, and shall read th6 same at every alternate meeting of the Society. He shall maintain secresy concerning the authorship of all communications, and insert them without addition or alteration. Such periodical shall be called the " Addisonian Beview." Sec. 7. The Tellers shall canvass the votes cast at all elections ; shall immediately make known the re- sult of same, and render a true written report at the meeting following such election. Sec. 8. The Board of Directors shall be a Standing Committee to manage the affairs of the Societ} 7 , hold- ing meetings at least once a month. They shall de- cide upon all questions of debate offered in the Society f and shall examine and inquire into the standing of all persons proposed for membership, and at the next FOR A LITERARY OR DEBATING SOCIETY. 293 regular meeting, report the result to the Society, who shall determine upon their admission. f Sec. 9. The Board of Directors and Treasurer shall present to, and read before the Society, reports at the expiration of their terms of office. Article IV. — Election of Officers. Sec. 1. All Elections for Officers shall be held at the last regular meetings in June and January. The term of each shall commence at the meeting following his election. In case of a vacancy occurring in any office, the Society shall go into an immediate election to fill the same, and the officer elect shall take his seat immediately after such election. : Sec. 2. All elections for officers shall be made by ballot, and shall be determined by two thirds of the votes cast. Article V. — Membership. Sec. 1. Any member may propose a person for membership at a regular meeting, by giving his name, residence and occupation, and after being reported upon by the Board of Directors, the Society shall de- termine his admission by a three-fourth vote of the members present. Sec. 2. Any person may be elected an Honorary Member of the Societj^, by a unanimous vote at a regular meeting. He shall oe entitled to all the privi- leges of a member, except holding office or voting upon any question or motion, and shall not be fined for abser ce, nor called upon for the initiation fee or dues. 294 FOKMS OF A CONSTITUTION Article VI. — Amendments to Constitution, &c. Every proposed alteration, amendment or additioc to this ConstitutiDn, By-Laws and Kules of Order hereunto annexed, must be handed to the President in writing, who shall publish the same to the Society, and at the next regular meeting, it shall be adopted by a two-third vote of the members present. Article VII. — Order of Business. A motion to change the Order of Business, or to postpone the performance of the regular duties, shall require, for its adoption, a vote of two thirds of the members present. Article VIII. — Suspension of By-Laws. A By-Law or Bule of Order may be suspended in case of an emergency, by a two-third vote of the members present, but only for a single evening. BY-LAWS. Article I. — Meetings. Sec. 1. This Society shall hold its meetings, unless otherwise ordered, on Saturday evening of each week ; the hour of meeting during the months of October, November, December and January, shall be at 7| P. M., and at 8 o'clock daring the rest of the year ; the meetings to stand adjourned at 10J. FOR A LITERACY OR DEBATING SOCIETY. 295 Sec. 2. Six. members shall be necessary to consti- tute a quorum. Sec. 8. At the request of six members the Presi- dent shall call a special meeting of the Society. In case of absence from any special meeting, a member shall be fined in accordance with Article 5th, Section 1st, of these By-Laws. Article II. — Inauguration of Officers. At the inauguration of each Officer, he shall be re« quired to make the following affirmation : "I do hereby solemnly promise, that I will faithfully discharge the duties of my office to the best of my knowledge and ability.'" Article III. — Initiation of Members. The following affirmation shall be required of each person becoming a member : 11 1 do hereb} r solemnly promise, that I will observe and strictly obey all the laws, rules and regulations set down in the Constitution of this Society, and do further declare, that I entertain no ill-will toward any member." Article IV. — Debates, Essays, Regit ations, &c. Sec. 1. The two Orders of Business hereunto pre- fixed, shall occupy alternate meetings of the Society. On the Debating evening, there shall be a general de- bate, which shall be opened on either side, by a mem ber previously appointed. On the Miscellaneous evening, half of the members shall alternately perform 296 FORMS OF A CONSTITUTION duties, either in Essay or Recitation, as the President may have previously designated. Sec. 2. The following questions, or such part as time will permit, shall be asked at every Miscellaneous meeting of the Society, commencing where they were left off at the previous meeting : 1st. Have you lately met with any thing calculated to interest or improve the Society, either in History, Travels, Sciences, the Arts, or other branches of use ful knowledge ? 2d. Do you know of any amusing story proper to relate in conversation ? 3d. Have you any questions for debate to submit for the consideration of this Board ? Sec. 3. The leaders in debate shall be allowed to speak fifteen minutes each time ; all others shall be limited to ten minuses. Sec. 4. All communications intended for insertion in the " Addisonian Re vie TV," must be original, and written by members of the "Society, and handed to the Editor at least three days before publication. Article V. — Dues, Fines, &c. Sec. 1. The Fines shall be as follows, viz. : for late attendance, non-performance of duty, disorderly con- duct, and for calling to order without substantiating the point, each, five cents ; for absence, (except of leaders on debate, which shall be fifteen cents,) ten cents ; and for leaving the room without permission of the President, twenty-five cents. Sec. 2. Every person on taking his seat, as a mem- FOR A LITERARY OR DEBATING SOCIETY. 297 ber, shall pay to the Treasurer an initiation fee of fifty cents. The monthly dues shall be thirty cents, pay- able in advance. Sec. 3. In case any officer neglects a duty, he shall, upon motion of a member, and with the consent of the Society, be fined ten cents ; and should he still persist in neglecting such duty, he may be removed from his office by a two-third vote of the members present. Sec. 4. If any member calls another to order and fails to substantiate his point, he shall be lined in ac- cordance with Section first of this Article. Sec. 5. Any member who shall make use of im- proper language, or refuse to obey when called to order, shall be fined in accordance with Section first of this Article ; and, if he repeat the offense, he may be expelled from the Association, by a two-third vote of the members present. Sec. 6. If any member neglects to pay his fines or dues within two weeks after becoming payable, he shall be notified thereof by the Treasurer, and, if he still neglects payment, he shall, at the next regular meeting after receiving said notice, be suspended for two weeks ; and if then in arrears, shall be considered as no longer a member. Article VI. — Appeals, &c. Sec. 1. An Appeal may, in all cases, be made from any decision of the President; a two-third vote of the members present shall be necessary to sustain the ap- peal. Sec. 2. Any member having made an appeal from 13* 298 FOKMS OF A CONSTITUTION a decision of the President, may sustain such appeal, and the President may give his reasons for his decision, before the question is put, which being passed upon, the matter shall be considered as settled. Article VII. — Committees. All Committees shall make their reports in writing. RULES OF ORDER. 1. The President, or in his absence the Yice Pres- ident, shall take the Chair at the hour named in Arti- cle I., Section 1, of the By-Laws. In the absence of those officers, a President pro tern, shall be chosen by the Society. 2. The President shall be privileged to debate upon all subjects, on calling the Vice President, or any other member willing, to the Chair. 3. After the meeting has been called to order, each member shall take a seat, which he shall be required to occupy during the evening, and shall not interrupt the proceedings by reading or conversation, without permission of the President. 4. No member shall speak on any motion (except the mover thereof) more than twice, nor more than once until all wishing to speak have spoken ; neither shall he make or debate an amendment, having spoken twice on the original motion, without permission of the Society. FOR A LITERARY OH DEBATING SOCIETY. 299 5. When two or more members rise at the same time, the President shall name the person to speak. 6. When a member shall be called to order by the President or any member, he shall at once take his seat, and every question of order shall be decided by the President without debate. 7. No motion shall be debatable until seconded. - 8. Appeals, and motions to reconsider or adjourn, are not debatable. 9. When a question is under debate, no motion shall be received but to lay on the table, to postpone, to commit, or to amend. 10. No member shall interrupt another while speaking, except in accordance with Rule of Order, No. 6. 11. A motion to adjourn shall always be in order, except when another motion is before the Society. 12. When a motion or amendment shall be made and seconded, the mover thereof may be called upon by the President or any member to reduce the same to writing, and hand it in at the table, from which it shall be read before open to the Society for debate. 13. The mover of a motion shall be at liberty to accept any amendment thereto ; but if an amendment be offered and not accepted, yet duly seconded, the Association shall pass upon it before voting upon the original motion. 14. Any member may criticise Essays or Recita- tions delivered before the Society, provided he do r.ot ' occupy more than five minutes. 15. Before taking the vote on any question, the President shall ask : "Are you ready for the ques- 300 FORMS OF A CONSTITUTION. tion ?" Should no one offer to speak, the President shall rise to put the question, and after he has risen, no member shall speak upon it without permission of the Society. 16. When a motion to adjourn is carried, no mem- ber shall leave his seat, until the President have left his chair. 17. When a motion has been made and decided, it shall be. in order for any member (but such as have voted in the minority), to move the re-consideration thereof, if done within three weeks after being voted upon. 18. Every officer, on leaving his office, shall give to his successor all papers, documents, books and money belonging to the Society. 19. No smoking, and no refreshments, except water, shall be allowed in the Society's rooms. APPENDIX, TJEEE we introduce, for convenience of reference, -*--*- and as belonging peculiarly, as it were, to a work of this kind, a copy of the Declaration of Indepen- dence ; also, a copy (carefully made from the Manual prepared for the use of the United States House of Representatives) of the Constitution of the United States, the Amendments thereto, and several accom- panying documents. The Notes, here accompanying the Declaration of Independence, are from the pen of Benson J. Lossing, Esq., and are, by his permission, taken from his Pic- torial History of the United States, a work which, for clearness of narrative, interesting style, elegant picto- rial illustrations, and fine general adaptation to the purposes of teaching, is without a superior, if not without an equal, in the long list of text-books on American History. We have, in another part of this work (see p. 70), especially commended accuracy in citation from au- thorities ; and, in aid of this design, so far as these documents are concerned, have sought to furnish ex- amples of the most scrupulous exactness in following the originals. The notes appended to the Declaration will be found particularly useful and valuable as mat- ters of reference. 802 DECLARATION OF INDEPENDENCE. DECLARATION OF INDEPENDENCE. The following preamble and specifications, ° known as the Declaration of Independence, accompanied the resolution of Eichard Henry Lee, which was adopted by Congress on the 2d day of July, 1776. This dec- laration was agreed to on the 4th, and the transaction is thus recorded in the Journal for that day : " Agreeably to the order of the day, the Congress resolved itself into a committee of the whole, to take into their further consideration the Declaration ; and, after some time, the president resumed the chair, and Mr. Harrison reported that the committee have agreed to a declaration, which they desired him to report. The declaration being read, was agreed to as follows :" A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEM- BLED. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to as- sume, among the powers of the earth, the separate and equal station, to which the laws of nature, and of natiire's God entitle them, a decent respect to the * It must be remembered that these specific charges made against the king of Great Britain, include, in their denunciations, the govern- ment of which he was the head. Personally, George the Third was not a tyrant, but as the representative of a government, he was so. DECLARATION OF INDEPENDENCE. 303 opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident — that all men are created equal; that they are endowed by their Creator with certain inalienable rights ; that among these are life, liberty, and the pursuit of happi- ness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and, accord- ingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute des- potism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of gov- ernment. The historj' of the present king of Great Britain, is a history of repeated injuries and usurpa- tions, all having in direct object the establishment of S04 DECLARATION OF INDEPENDENCE. an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most whole- some and necessary for the public good.* He has forbidden his governors to pass laws of im- mediate and pressing importance, unless suspended in their operations till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them.f He has refused to pass other laws for the accomoda- * The colonial assemblies, from time to time, made enactments touching their commercial operations, the emission of a colonial cur- rency, and concerning representatives in the imperial parliament, but the assent of the sovereign to these laws was withheld. After the Stamp Act excitements, Secretary Conway informed the Americans that the tumults should be overlooked, provided the Assemblies would make provision for full compensation for all public property which had been destroyed. In complying with this demand, the Assembly of Massachusetts thought it would be "wholesome and necessary for the public good," to grant free pardon to all who had been engaged in the disturbances, and passed an act accordingly. It would have produced quiet and good feeling, but the royal assent was refused. f In 1^764, the Assembly of New York took measures to conciliate the Six Nations, and other Indian tribes. The motives of the Assem- bly were misconstrued, representations having been made to the king that the colonies wished to make allies of the Indians, so as to increase their physical power and proportionate independence of the British crown. The monarch sent instructions to all his governors to desist from such alliances, or to suspend their operations until his assent should be giveu. He then "utterly neglected to attend to them." The Massachusetts Assembly passed a law in lT'K), for taxing officers of the British government in that colony. The governor was ordered to withhold his assent to such tax-bill. This was in violation of the co- lonial charter, and the people justly complained. The Assembly was prorogued from time to time, and laws of great importance were " ut- terly neglected." DECLARATION OF INDEPENDENCE. 305 tion of large districts of people, unless those people would relinquish, the right of representation in the Legislature — a right inestimable to them, and formid- able to tyrants only. * He has called together legislative bodies at places unusual, uncomfortable, and distant from the reposito- ry of their public records, for the sole purpose of fa- tiguing them into compliance with his measures. f * A law was passed by parliament in the spring of 1774, by which the popular representative system in the province of Quebec (Canada) was annulled, and officers appointed by the crown had all power as legislators, except that of levying taxes. The Canadians being Roman Catholics, were easily pacified under the new order of things, by hav- ing their religious system declared the established religion of the pro- vince. But " large districts of people " bordering on Nova Scotia, felt tliis deprivation to be a great grievance. Their humble petitions con- cerning commercial regulations were unheeded, because they remon- strated against the new order of things, and Governor Carleton plainly told them that they must cease their clamor about representatives, be- fore they should have any new commercial laws. A bill for " better regulating the government in the province of Massachusetts Bay," passed that year, provided for the abridgment of the privileges of pop- ular elections, to take the government out of the hands of the people, and to vest the nomination of judges, magistrates, and even sheriffs, in the crown. When thus deprived of " free representation in the Legis- lature," and the governor refused to issue warrants for the election of members of the Assembly, they called a convention of the freemen, and asked for the passage of " laws for the accomodation of large districts of people." These requests were disregarded, and they were told that no laws should be passed until they should quietly " relinquish the right of representation in the Legislature — a right inestimable to them, and formidable to tyrants only." f In consequence of the destruction of tea in Boston harbor in 1773, the inhabitants of that town became the special objects of royal dis- pleasure. The Boston Port Bill was passed as a punishment, The custom house, courts, and other public operations were removed to 306 DECLARATION OF INDEPENDENCE. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.* He has refused, for a long time after such dissolu- tions, to cause others to be elected, whereby the legis- lative powers, incapable of annihilation, have returned to the people at large for their exercise ; the State re- maining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within, f Salem, while the public records were kept in Boston, and so well guarded by two regiments of soldiers, that the patriotic members of the colonial Assembly could not have referred to them. Although compelled to meet at a place "distant from the repository of the public records," and in a place extremely u uncomfortable," they were not fatigued into compliance, but in spite of the efforts of the governor, they elected delegates to a general Congress, and adopted other meas- ures for the public good. * "When the British government became informed of the fact that the Assembly of Massachusetts in 1768, had issued a circular to other Assemblies, inviting their cooperation in asserting the principle that Great Britain had no right to tax the colonists without their consent, Lord Hillsborough, the Secretary for Foreign Affairs, was directed to order the governor of Massachusetts to require the Assembly of that province to rescind its obnoxious resolutions expressed in the circular. In case of their refusal to do so, the governor was ordered to dissolve them immediately. Other assemblies were warned not to imitate that of Massachusetts, and when they refused to accede to the wishes of the king, as expressed by the several royal governors, they were re- peatedly dissolved. The Assemblies of Virginia and North Carolina were dissolved for denying the right of the king to tax the colonies, or to remove offenders out of the country, for trial. In 1774, when the several Assemblies entertained the proposition to elect delegates to a general Congress, nearly all of them were dissolved. f When the Assembly of New York, in 1760, refused to comply with the provisions of the Mutiny Act, its legislative functions were suspended by royal authority, and for several months the State re- DECLARATION OF INDEPENDENCE. 307 He has endeavored to prevent the population of these States ; for that purpose obstructing the laws for the naturalization of foreigners ; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.* 91 He has obstructed the administration of justice, by* refusing his assent to laws for establishing judiciary powers.f mained u exposed to all the dangers of invasion from without, and con- vulsions within." The Assembly of Massachusetts, after its dissolution in July, 1768, was not permitted to meet again until the last Wednes- day of May, 1769, and then they found the place of meeting surrounded by a military guard, with cannon pointed directly at their place of meeting. They refused to act under such tyrannical restraint, and their legislative powers "returned to the people." * Secret agents were sent to America soon after the accession of George the Third to the throne of England, to spy out the condition of the colonists. A large influx of liberty -loving German emigrants was observed, and the king was advised to discourage these immigra- tions. Obstacles, in the way of procuring lands, and otherw Ise, were put in the way of all emigrants, except from England, and the tenden- cy of French Roman Catholics to settle in Maryland, was also discour- aged. The British government was jealous of the increasing power of the colonies, and the danger of having that power controlled by democratic ideas, caused the employment of restrictive measures. The easy conditions upon winch actual settlers might obtain lands on the Western frontier, after the peace of 1763, were so changed, that toward the dawning of the Revolution, the vast solitudes west of the Alleghanies were seldom penetrated by any but the hunter from the seaboard provinces. When the War for Independence broke out, immigration had almost ceased. The king conjectured wisely, for almost the entire Ger- man population in the colonies, were on the side of the patriots. f By an act of parliament in 1774, the judiciary was taken from the people of Massachusetts. The judges were appointed by the king, were dependent on him for their salaries, and were subject to his will. Their salaries were paid from moneys drawn from the people by the 308 DECLARATION OF INDEPENDENCE. He has made judges dependent on his will alone for the tenure of their offices, and the amount and pay- ment of their salaries.* He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.f commissioners of customs, in the form of duties. The same act de- prived them, in most cases, of the benefit of trial by jury, and the " administration of justice " was effectually obstructed. The rights for which Englishmen so manfully contended in 1688 were trampled under foot. Similar grievances concerning the courts of law, existed in other colonies, and throughout the Anglo-American domain, there was but a semblance of justice left. The people met in conventions, when Assemblies were dissolved, and endeavored to establish "judi- ciary powers," but in vain, and were finally driven to rebellion. * Judges were made independent of the people, and royal govern- ors were placed in the same position. Instead of checking their ten- dency to petty tyranny, by having them depend upon the Colonial As- semblies for their salaries, these were paid out of the national treasury. Independent of the people, they had no sympathies with the people, and thus became fit instruments of oppression, and ready at all times to do the bidding of the king and his ministers. The Colonial Assem- blies protested against the measure, and out of the excitement which it produced, grew that power of the Revolution, the committees of correspondence. When, in 1774, chief justice Oliver, of Massachusetts, declared it to be his intention to receive his salary from the crown, the Assembly proceeded to impeach him, and petitioned the governor for his removal. The governor refused compliance, and great irritation ensued. f After the passage of the Stamp Act, stamp distributors were ap- pointed in every considerable town. In 1766 and 1767, acts for the collection of duties created " swarms of officers," all of whom received high salaries; and when, in 1768, admiralty and vice-admiralty courts were established on a new basis, an increase in the number of officers was made. The high salaries and extensive perquisites of all of these, were paid with the people's money, and thus "swarms of officers" "eat out their substance." DECLARATION OF INDEPENDENCE. 309 He has kept among us, in times of peace, standing armies, without the consent of our Legislatures.* He has affected to render the military independent of, and superior to, the civil power, f He has combined with others to subject us to a ju- risdiction foreign to our constitutions, and unacknowl- edged by our laws ; giving his assent to their acts of pretended legislation : £ * After the treaty of peace with France, in 17 63, Great Britain left quite a large number of troops in America, and required the colonists to contribute to their support There was no use for this standing army, except to repress the growing spirit of democracy amoog the colonists, and to enforce compliance with taxation laws. The presence of troops was always a cause of complaint, and when, finally, the col- onists boldly opposed the unjust measures of the British government, armies were sent hither to awe the people into submission. It was one of those "standing armies" kept here "'without the consent of the Legislature," against which the patriots at Lexington, and Concord, and Bunker Hill so manfully battled in 1775. f General Gage, commander-in-chief of the British forces in America, was appoiuted governor of Massachusetts, in 1774, and to put the measures of the Boston Port Bill into execution, he encamped several regiments of soldiers upon Boston Common. The military there, and also in New York, was made independent of, and superior to, the civil power, and this, too, in a time of peace, before the minute men were organized.. \ The establishment of a Board of Trade, to act independent of col- onial legislation, through its creatures (resident commissioners of cus- toms), in the enforcement of revenue laws, was altogether foreign to the constitution of any of the colonies, and produced great indignation. The establishment of this power, and the remodeling of the admiralty courts, so as to exclude trial by jury therein, in most cases, rendered the government fully obnoxious to the charge in the text. The people felt their degradation under such petty tyranny, and resolved to spurn it. It was effectually done in Boston, as we have seen, and the gov- ernment, after all its bluster, was obliged to recede. In 1774, the 810 DECLARATION OF INDEPENDENCE. For quartering large bodies of armed troops among us;* For protecting them, by a mock trial, from punish- ment for any murders which they should commit on the inhabitants of these States ;f For cutting off our trade with all parts of the world ;£ members of the council of Massachusetts (answering to our Senate), were, by a parliamentary enactment, chosen by the king, to hold the office during his pleasure. Almost unlimited power was also given to the governors, and the people were indeed subjected to " a jurisdiction foreign to their constitutions," by these creatures of royalty. * In 1114:, seven hundred troops were landed in Boston, under cover of the cannons of British armed ships in the harbor ; and early the following year, parliament voted ten thousand men for the American service, for it saw the wave of rebellion rising high under the gale of indignation which unrighteous acts had spread over the land. The tragedies at Lexington and Concord soon followed, and at Bunker Hill the War for Independence was opened in earnest. t In 1768, two citizens of Annapolis, in Maryland, were murdered by some marines belonging to a British armed ship. The trial was a mockery of justice, and in the face of clear evidence against them, they were acquitted. In the difficulties with the Regulators in North Car- olina, in 1111, some of the soldiers who had shot down citizens, when standing up in defense of their rights, were tried for murder and ac- quitted, while Governor Tryon mercilessly hung six prisoners, who were certainly entitled to the benefits of the laws of war, if his own soldiers were. \ The navigation laws were always oppressive in character ; and in 1764, the British naval commanders having been clothed with the au- thority of custom-house officers, completely broke up a profitable trade which the colonists had long enjoyed with the Spanish and French West Indies, notwithstanding it was in violation of the old Navigation Act of 1G60. which had been almost ineffectual. Finally, Lord North concluded to punish the refractory colonists of New England, by crip- pling their commerce with Great Britain, Ireland, and the West Indies. Fishing on the Banks of Newfoundland was also prohibited, and thus as far as parliamentary enactments could accomplish it, their " trade with all parts of the world " was cut off. DECLARATION OF INDEPENDENCE, 311 For imposing taxes on us without our consent ;* For depriving us, in many cases, of the benefits of trial by jury ;f For transporting us beyond seas, to be tried for pre- tended offenses ;^ For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for in- troducing the same absolute rule into these colonies ;§ * In addition to the revenue taxes imposed from time to time, and attempted to be collected by means of writs of assistance, the Stamp Act was passed, and duties upon paper, painters' colors, glass, tea, &c, were levied. This was the great bone of contention between the col- onists and the imperial government. It was contention on the one hand for the great political truth that taxation and representation are inseparable, and a lust for power and the means for replenishing an exhausted treasury, on the other. The climax of the contention was the Revolution. f This was especially the case when commissioners of customs were concerned in the suit. After these functionaries were driven from Bos- ton, in 1768, an act was passed which placed violations of the revenue laws under the jurisdiction of the admiralty courts, where the offend- ers were tried by a creature of the crown, and were deprived " of the benefits of trial by jury." \ A law of 1774 provided that any person in the province of Mas- sachusetts who should be accused of riot, resistance of magistrates or the officers of customs, murder, " or any other capital offense," might, at the option of the governor, be taken for trial to another colonv, or transported to Great Britain for the purpose. The minister pretended that impartial justice could not be administered in Massachusetts, but the faets of Captain Preston's case refuted Lis arguments in that direc- tion. The bill was violently opposed in parliament, yet it became a law. It was decreed that Americans might be " transported beyond the seas, to be tried for pretended offenses," or real crimes. § This charge is embodied in an earlier one, considered in the fir note on page 305. The British ministry thought it prudent to 312 DECLARATION OF INDEPENDENCE. For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments ;'* For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever ;f He has abdicated government here, by declaring us out of his protection, and waging war against us 4 early steps to secure a footing in America, so near the scene of inev- itable rebellion, as to allow them to breast, successfully, the gathering storm. The investing of a legislative council in Canada, with all powers except levying of taxes, was a great stride toward that absolute mil- itary rule which bore sway there within eighteen months afterward. Giving up their political rights for doubtful religious privileges, made them willing slaves, and Canada remained a part of the British empire, when its sister colonies rejoiced in freedom. * This is a reiteration of the charge considered in the last note on page 307, and refers to the alteration of the Massachusetts charter, so as to make judges and other officers independent of the people, and sub- servient to the crown. The governor was empowered to remove and appoint all inferior judges, the attorney-general, provosts, marshals, and justices of the peace, and to appoint sheriffs independent of the council. As the sheriffs chose jurors, trial by jury might easily be made a mere mockery. The people had hitherto been allowed, by their charter, to select jurors ; now, the whole matter was placed in the hands of the creatures of government. f This, too, is another phase of the charge just considered. We have noticed the suppression of the Legislature of New York, in the note beginning at the bottom of page 306, and in several cases, the governors, after dissolving colonial Assemblies, assumed the right to make proclamations stand in the place of statute law. Lord Dunmore assumed this right in 1775, and so did Sir James Wright, of Georgia, and Lord William Campbell, of South Carolina. They were driven from the country, in consequence. J In his message to parliament, early in 1775, the king declared the colonists to be in a state of open rebellion, and by sending armies hither to make war upon them, he really " abdicated government," by thus declaring them " out of his protection." He sanctioned the acts of gov- DECLARATION OF INDEPENDENCE. 313 He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our peo- ple.* He is at this time transporting large armies of for- eign mercenaries, to complete the work of death, deso- lation, and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. f He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.:]: ernors in employing Indians against his subjects (see first note on page 314), and himself bargained for the employment of German hirelings* And when, yielding to the pressure of popular will, his representatives (the royal governors) fled before the indignant people, he certainly " abdicated government." * When naval commanders "were clothed with the powers of custom- house officers (third note on page 310), they seized many American vessels ; and after the affairs at Lexington and Bunker Hill, British ships of war " plundered our seas " whenever an American vessel could be found. They also "ravaged our coasts, and burnt our towns." Charles town. Falmouth (now Portland, in Maine)., and Norfolk were burnt, and Dunmore and others " ravaged our coasts," and "destroyed the lives of our people." And at the very time when this declaration was being read to the assembled Congress, the shattered fleet of Sir Peter Parker was sailing northward, after an attack upon Charleston, South Carolina. f This charge refers to the infamous employment of German troops, known here as Hessians. % An act of parliament passed toward the close of December, 1*775, authorized the capture of all American vessels, and also directed the treatment of the crews of armed vessels to be as slaves, and not as prisoners of war. They were to be enrolled for " the service of his majesty," and were thus compelled to fight for the crown, even against 14 314 DECLARATION OF INDEPENDENCE. He has excited domestic insurrection among us, and lias endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.* In every stage of these oppressions we have peti- tioned for redress in the most humble terms ; our re- peated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. f Nor have we been wanting in our attentions to our British brethren. £ We have warned them, from time their own friends and countrymen. This act was loudly condemned on the floor of parliament, as unworthy of a Christian people, and ' : a re- finement of cruelty unknown among savage nations." * This was done in several instances. Dunmore was charged with a design to employ the Indians against the Virginians, as early as 17*74; and while ravaging the Virginia coast in 1715 and 1776, he endeavored to excite the slaves against their masters. He was also concerned with Governor Gage and others, under instructions from the British ministry, in exciting the Shawnees, and other savages of the Ohio country, against the white people. Emissaries were also sent among the Cherokees and Creeks, for the same purpose, and all of the tribes of the Six Nations except the Oneidas, were found in arms with the British when war began. Thus excited, dreadful massacres occurred on the borders of the several colonies. «(• For ten long years the colonies petitioned for redress of grievances "in the most humble terms/' and loyal manner. It was done by the Colonial Congress of 1765, and also by the Ccntinental Congresses of 1774 and 1775. But their petitions were almost always "answered only by repeated injuries." J From the beginning, the colonists appealed, in the most affection- ate terms, to " their British brethren." The first address put forth by the Congress of 1774 was " To the People of Great Britain ;" and the Congress of 1775 sent an affectionate appeal to the people of Ireland. DECLARATION OF INDEPENDENCE. 315 to time, of attempts by their legislature, to extend an arrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and set- tlement here. "We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred, to disavow these usurpa- tions, which would inevitably interrupt our connections and correspondence, They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind — enemies in war — in peace, friends. We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, to- tally dissolved, and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent States may of right do. And for the support of this Dec- laration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. 816 DECLARATION OF INDEPENDENCE. SIGNERS OF THE DECLARATION OF INDEPENDENCE. The following is a list of the members of the Con- tinental Congress, who signed the Declaration of Inde- pendenca, with the places and dates of their birth, and the time of their respective deaths. NAMES OF SIGNERS. BORN AT DELEGATE FROM DIED Adams, John Braintree, Mass., Oct. 19, 1735 Massachusetts, July 4, 1826 Adams, Samuel . Boston, " Sept. 22, 1722 Massachusetts, Oct. 2, 18 )3 Bartlett, Josiah . Amesbury, " in Nov. 1729 New Hampshire, May 19, 1793 Braxton, Carter . Newington, Va., Sept. 10, 1736 Virginia, Oct. 10, 1797 Carroll, Chs. of Car'llton Annapolis, Md., Sept. 20, 1737 Maryland, Nov. 14, 1832 Chase, Samuel . Somerset co., Md,, Apiil 17, 1741 Maryland, June 19, 1811 Clark, Abraham Elizabethan, N.J., Feb. 15, 1726 New Jersey, June — , 1794 Clymer, George . Philadelphia, Pa., in 1739 Pennsylvania, Jan. 24, 1813 Ellery, William . Newport, R. L, Dec. 22, 1727 R.L&Prov.PL, Feb. 15, 1820 Floyd, William . Suffolk co., N. Y., Dec. 17, 1734 New York, Aug. 4, 1821 Franklin, Benjamin . Boston, Mass., Jan. 17, 1706 Pennsylvania, April 17,1780 Gerry, Elbridge . Marblehead, Mass., July 17, 1744 Massachusetts, Nov. 23, 1814 Gwinnet, Button England, in 1732 Georgia, May 27, 1777 Hall, Lyman Connecticut, in 1731 Georgia, Feb.— 1790 Hancock, John . Braintree, Mass., in 1737 Massachusetts, Oct. 8, 1793 Harrison, Benjamin . Berkely, Virginia, Virginia, April — , 1791 Hart, John . Hopewell, N. J. about 1715 New Jersey, , 1780 Hey ward, Thomas, jr. Hewes, Joseph . St, Luke's, S. C. in 1746 South Carolina, Mar. — , 1803 Kingston, N. J., in 1730 North Carolina, Nov. 10, 1779 Hooper, William . Boston, Mass., June 17, 1742 North Carolina, Oct. — , 179J Hopkins, Stephen Scituate, " Mar. 7, 1707 R.I. & Pro v. PI., Jnlyl9, 1785 Hopkinson, Francis . Philadelphia, Pa., in 1737 New Jersey, May 9, 17 90 Huntington, Samuel . Windham, Ct, July 3, 1732 Connecticut, Jan. 5, 1793 Jefferson, Thomas Shadwell, Va., April 13, 1743 Virginia, July 4, 1826 Lee, Francis Lightfoot Stratford, " Oct. 14, 1724 Virginia, April—, 1797 Lee, Richard Henry . Stratford, " Jan. 20, 1732 Virginia, June 19, 1794 Lewis, Francis . Laiidaff, Wales, in March 1713 New York, Dec. 30, It 03 Livingston, Philip Albany, N. Y., Jan. 15, 1718 New York, June 12, 1778 Lynch, Thomas, jr. . M'Kean, Thomas St. George's, S.C., Aug. 5, 1^9 South Carolina, l'statseal/79 Chester co., Pa., March 19, 1734 Delaware, June 24, 1817 Middleton, Arthur Middleton Place, S.C., in 1743 South Carolina, Jan. 1, 1787 Moi'iis, Lewis Morrisania, N Y., in 1726 New York, Jan. 22, 1798 Morris, Robert . Lancashire, England, Jan. 1783 Pennsylvania, May 8, 1S06 Morton, John Ridley, Pa., ' in 1724 Pennsylvania, April — , 1777 Nelson, Thomas, jr. . York, Virginia, Dec. 26, 1728 Virginia, Jan. 4, 1789 Paca, William . Wye-Hill, Md., Oct. 31, 1740 Maryland, , 17t9 Paine, Robert Treat . Boston, Mass., in 1721 Massachusetts, May 11, 1814 Penn, John . Caroline co.. Va., May 17, 1741 North Carolina, Sept. — , 1788 Read, George Cecil co., Md., in 1734 Delaware, , 1798 Rodney, Caesar . Dover, Delaware, in 1720 Delaware, , 1783 Ross, George New Castle, Del., in 1730 Pennsylvania, July — , 1779 Rush, Benjamin, M.D. Rutledge, Edward Sherman, Roger . Byberry, Pa.. Dec. 24, 1745 Pennsylvania, April 19, 1813 Charleston, S.'C, in Nov. 1749 South Carolina, Jan. 23, 1800 Newton, Mass., April 19, 1721 Connecticutt, July 23, 1795 Smith, James Ireland, — — Pennsylvania, July 11, 1806 Stockton, Richard Princeton, N. J., Oct. 1, 1730 New Jersey, Feb. 28, 1781 Stone, Thomas . Charles co., Md., in 1742 Maryland, Oct. 5, 1787 Taylor, George . Ireland, in 1716 Pennsylvania, Feb. 23, 1781 Thornton, Matthew . Ireland, in 1714 New Hampshire, June 24, 1803 Walton, George . Frederick co., Va., in 17:0 Georgia, Feb. 2, 1804 Whipple, William Kittery, Maine, in 1720 New Hampshire, Nov. 28, 1785 Williams, William Lebanon, Ct., April 8, 1731 Connecticut, Aug. 2, 1811 Wilson, James . Scotland, about 1742 Pennsylvania, Aug. 28, 1798 Witherspoon, John . Wolcott, Oliver . Yester, Scotland, Feb. 5, 1722 New Jersey, Nov. 15, 1794 Windsor, Ct. Nov. 26, 1726 Connecticut, Dec. 1, 1797 Wythe, George . Elizabeth city co., Va., 1726 Virginia, June 8, 1806 CONSTITUTION OF THE UNITED STATES CONSTITUTION. We, the People of the United States, in Preamble, order to form a more perfect Union, es- tablish justice, insure domestic tran- quillity, provide for the common de fense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I. All legislative powers herein granted congress, shall be vested in a Congress of the United 318 CONSTITUTION States, which shall consist of a Senate and House of Eepresentatives. SECTION II. Eepresentatives, bow chosen. Qualification of Eepresentatives. Apportionment of Representatives, and direct taxes. The House of Eepresentatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qual- ifications requisite for electors of the most numerous branch of the State legislature. No person shall be a Representative who shall not have attained the age of twenty- five years, and have been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Eepresentatives and direct taxes shall be apportioned among the several States which may be included within this Union, accord- ing to their respective numbers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and exclud- ing Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term census every ten of ten years, in such manner as they shal] by law direct. The number of Represent- atives shall not exceed one for every thirty thousand, but each State shall have at least years. OF THE UNITED STATES. 31 j one representative ; and until such, enum- eration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Provi- dence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir- . fjinia ten, North Carolina five, South Car- olina five, and Georgia three. When vacancies happen in the repre- Vacancies, how sentation from any State, the executive authority thereof shall issue writs of elec- tion to fill such vacancies. The House of Representatives shall representatives choose their Speaker and other officers; bring inipeacb- . . ments. and shall have the sole power of impeach- ment. SECTION III. The Senate of the United States shall senate, how chosen. be composed of two Senators from each State, chosen by the legislature thereof, for six years ; and each Senator shall have one vote. Immediately after they shall be assem- senators classed bled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at tiie expiration of the sixth year ; so that 320 CONSTITUTION one third may be chosen every second Vacancies, how year : and if vacancies happen by resigna- tion or otherwise during the recess of the legislature of any State, the executive thereof may make temporary appoint- ments until the next meeting of the legis- lature, which shall then fill such vacancies. Qualifications of No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Vice President to The Vice President of the United States presi e. shall be President of the Senate, but shall have no vote unless they be equally di- vided. Officers of Senate. The Senate shall choose their other offi- cers, and also a President pro tempore in the absence of the Yice President, or when he shall exercise the office of President of the United States. Trial of impeach- The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside : and no person shall be con- victed without the concurrence of two thirds of the members present, judgment in im- Judgment in cases of impeachment shall peachments. ^ extend further than to removal from OF THE UNITED STATES. 321 office and disqualification to hold and en- joy any office of honor, trust, or profit Effect at under the United States; but the party- convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. SECTION rv. The times, places, and manner of hold- in 2: elections for Senators and Eepresenta- Elections, when • 1 -1-1 i -IT* to. i and now held, tives shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shal- Congress assemble be on the first Monday in December, un- less they shall by law appoint a different day. SECTION V. Each house shall be the "judge of the Elections, how Indeed. elections, returns and qualifications of its own members, and a majority of each shall O^ore^ constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such Abauu manner, and under such penalties, as each house may provide. Each house may determine the rules of suies. its proceedings, punish its members for . 14 322 CONSTITUTION Expulsion. Journals to be kept and published. Teas and naya Adjournments. disorderly behavior, and with, the con- currence of two thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Compensation, Privilege. Members not ap- pointed to office. SECTION VI. The Senators and Eepresentatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. No Senator or Eepresentative shall, during the time for which he was elected, be appointed to any civil office under the OF THE UNITED STATES. 323 authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during Officers of gown, t , i i -i • men 1 - can not be sucn time ; and no person holding any members. office under the United States, sliall be a member of either house during his con- tinuance in office. SECTION VII. All bills for raising revenue shall origi- Eevenue bux nate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the Bins to be pre House of Representatives and the Senate, President, shall, before it become a law, be presented to the President of the United States ; if His powers orei he approve he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. Proceedings on If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall like- wise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on 324 CONSTITUTION Bills to be laws if the journal of eacli house respectively. Dot returned in ten _ day*. If any bill shall not be returned by the President within ten days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. joint orders or res- Every order, resolution, or vote, to olutions to be ap- , . , 1 « -i n t proved by the which the concurrence of the Senate and President. . House of Representatives may be neces- sary, (except on a question of adjourn- ment,) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Eepresentatives, according to the rules and limitations prescribed in the case of a bill. SECTION VIII. Powers of congress The Congress shall have power to lay d°ebtsT axes— pay and collect taxes, duties, imposts and ex- cises, to pay the debts and provide for the General welfare, common defense and general welfare of the United States ; but all duties, imposts Duties uniform, and excises, shall be uniform throughout the United States ; Borrow money. To borrow money on the credit of the United States ; OF THE UNITED STATES. 325 To regulate commerce with, foreign na- commerce, tions, and among the several States, and with the Indian tribes ; To establish a uniform rule of natural- Naturalization, ization, and uniform laws on the subject of bankruptcies throughout the United Bankruptcy. States ; To coin money, regulate the value Coin money, thereof, and of foreign coin, and fix the standard of weights and measures ; measures*** 1 To provide for the punishment of couii- Counterfeiting, terfeiting the securities and current coin of the United States ; To establish post offices and post Post roads, roads ; To promote the progress of science and Promote arts wad 1 . . science. useful arts, by securing, for limited times, to authors and inventors the exclusive right to their respective writings and dis- coveries ; To constitute tribunals inferior to the inferior courts. Supreme Court ; To define and punish piracies and felo- Piracies, &c nies committed on the high seas, and of- fenses against the law of nations ; To declare w r ar, grant letters of marque Declare war ana , . .. , .. .. . make captures. and reprisal, and make rules concerning captures on land and water ; To raise and support a/mies; but no Raise armie*. appropriation of money to that use shall be for a longer term than two years ; To provide and maintain a navy ; Navy. 326 CONSTITUTION Rules and articles To make rules for the government and regulation of the land and naval forces ; Can out militia. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ; Organize and gov- To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers, and the authority of train* Officers of mmtia. ing the militia according to the discipline prescribed by Congress ; Exclusive legisia- To exercise exclusive legislation in all tion over seat of it*/ government. cases whatsoever, over such district (not exceeding ten miles square) as may by cession of particular States, and the ac- ceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased bj^ the consent of the legisla- ture of the State in which the same shall And over forts, ar- be, for the erection of forts, magazines, Bcnas, doc-s, c * arsenals, dock-yards, and other needful buildings; and To make all laws which shall be neces- To make general sary and proper for carrying into execution laws to carry pov- ■■ - x . ^ en into effect, the ioregomg powers, and all other powers vested by this Constitution m the Govern- ment of the United States, or in any de- partment or officer thereof, OF THE UNITED STATES. 327 SECTION IX. The migration or importation of such importation of n i o • • slaves allowed persons as any of the btates now existing tmisus. shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas cor- Habeas corpus. pus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law Attainder and ex x post facto la wi shall be passed. No capitation or other direct tax shall Direct taxes, be laid unless in proportion to the census or enumeration herein before directed to be taken. No tax or duty shall be laid on articles No exportation exported from any State. No preference shall be given by any commerce t . . n , between th* regulation of commerce or revenue to the states. ports of one State over those of another ; nor shall vessels bound to or from one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the Money, how ■ -, .. . n . drawn from the treasury, but m consequence of appropri- treasury, ations made by law ; and a regular state- ment and account of the receipts and ex- 328 CONSTITUTION To be published, penditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince, or foreign state. No nobility. Foreign presents and titles. Powers denied tc the States. Other powers de- nied to States. Further denial of T>owers to States. SECTION X. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection laws ; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the re- vision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, OF THE UNITED STATES. 329 enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. SECTION I. The Executive power shall be vested President of the in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as follows : Each State shall appoint, in such man- Electors, how ner as the legislature thereof may direct, appom a number of electors, equal to the whole number of Senators and Eepresentatives to which the State may be entitled in the Congress ; but no Senator or Eepresenta- tive, or person holding an office af trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respect- Electors to meet ive States, and vote by ballot for two per- sident -md yica Presic^t. sons, of whom one at least shall not be a,n inhabitant of the same State with them- selves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the government of the United 330 CONSTITUTION States, directed to the President of the Their? otas count- Senate. The President of the Senate shall, ed in Congress. . m the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of elect ors appointed ; and if there be more than one who have such majority, and have an Ea >resentatives to equal number of votes, then the House of ch< ose, if electors * . . fan Kepresentatives shall immediately choose, by ballot, one of them for President ; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. Votes by states. But in choosing the President, the votes shall be taken by States, the representa- tion from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States vice President, shall be necessary to a choice. In every case, after the choice of a President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.* * This clause of the Constitution has been amended. See twelfth article of the amendments, page 2 9 ft. OF THE UNITED STATES. 331 The Congress may determine the time Election and meet- of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No person except a natural -born citizen, Qualification of President. or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President Removal, death, n nr o i • i 1 1 • ■ • **h of President from omce, or of his death, resignation, or inability to discharge the powers and du- ties of the said office, the same shall de- volve on the Vice President, and the Con- gress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall act as Presi- dent, and such officer shall act accordingly, until the disability be removed or a Presi- dent shall be elected. The President shall, at stated times, compensation of receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall kot receive within that period any other President. 332 CONSTITUTION emolument from the United States, or any of them. Before lie enter on the execution of iris office, lie shall take the following oath or affirmation : Oath. " I do solemnly swear (or affirm) that I will faithfully execute the office of Presi- dent of the United States; and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." SECTION II. Powers and duties The President shall be commander-in- chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two -thirds of the Sena- tors present concur ; and he shall nomi- nate, and, by and with the advice and Appointment of consent of the Senate, shall appoint am- public officers. .. 1 tl 1 n . . . ■, bassadors, other public ministers and con* OF THE UNITED STATES. 333 suls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be estab- lished by law ; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the Presi- dent alone, in the courts of law, or in the heads of departments. The President shall have power to fill Vacancies in up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session, section in. He shall from time to time give to the Further po^°,rs Congress information of the state of the PrUdeil Union, and recommend to their considera- tion such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may ad- journ them to such time as he shall think proper; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States, 334 COKSTITUTION SECTION IV. impcarhment The President, Yice President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high, crimes and misdemeanors. Judiciary and ten ura of judges. ARTICLE III. SECTION I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compen- sation, which shall not be diminished during their coatinuance in office. SECTION II. Powers of the judiciary The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affect- ing ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to w T hich the United States shall be a party ; to controversies between two or more States ; between a State and citizens of another OF THE UNITED STATES. 335 State ; between citizens of different States; between citizens of the same State claiming lands under grants of different States ; and between a State, or the citizens thereof, and foreign States, citizens, or subjects. In all cases affecting ambassadors, other Jurisdiction oftiw , n . . . , K " , , , . Supreme Court public ministers, and consuls, and those m which a State shall be a part}', the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate juris- diction, both as to law and fact, with such executions and under such regulations as the Congress shall make. The trial of all crimes, except in cases Trials by jury, of impeachment, shall be by jury ; and such trial shall be held in the State where And where held, the said crimes shall have been commit- ted ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTIOX III. Treason against the United States shall Treason, consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the tes- timony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to de- clare the punishment of treason ; but no 336 CONSTITUTION No corruption of attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. ARTICLE IV. SECTION I. Acts of States accredited. Full faith and credit shall he given m each State to the public acts, records, and judicial proceeding of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SECTION II. Privileges of citi- zenship. Fugitives from iustice to be de- livered up. Fugitive slaves to be delivered up. The citizens of each State shall be en- titled to all privileges and immunities of citizens in the several States. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be OF THE UNITED STATES. 337 delivered up on claim of the party to whom such service or labor may be due. SECTION III. New States may be admitted by the New state* Congress into this Union; but no new State shall be formed or erected within the j urisdiction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Con- gress. The Congress shall have power to dis- Territory and pose of and make all needful rules and the united states, regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION IV. The United States shall guaranty to Republican form . . ° * of government every State m this Union a republican form of government, and shall protect Protection of each of them against invasion, and, on application of the legislature, or of the Executive (when the legislature can not be convened), against domestic violence. 15 338 CONSTITUTION ARTICLE V. Amendments of this Constitution. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legis- latures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Con- gress ; provided that no amendment which may be made prior to the year one thou- sand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Debts of former government rec- ognized. All debts contracted and engagements entered into before the adoption of -tlrs Constitution, shall be as valid against the United States under this Constitution, as under the confederation. OF THE DOTTED STATES. 339 This Constitution, and the laws of the what constitutes 7 . the bupi erne law. United States which shall be made in pur- suance thereof, and all treaties made, or which shall he made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereb} T , any thing in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Representatives before Oath of public 1 o Ulcers. mentioned, and the members of the sev- eral State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test No religious to* shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of BctmcatiaiL nine States, shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in convention, by the unanimous consent of the States present, the sev- enteenth day of September, in the year of our Lord one thousand seven hun- dred and eighty-seven, and of the In 340 CONSTITUTION OF THE UNITED STATES. dependence of the United States of America the twelfth. In witness where- of, we have hereunto subscribed our names. GEO: WASHINGTON, President, and Deputy from Virginia. NEW HAMPSHIRE. Johr. Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. DELAWARE. GTeorge Read, Gunning Bedford, jun., John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. "William Samuel Johnson, James McHenry, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. "William Livingston, David Brearley, "William Paterson, Jonathan Dayton. PENNSYLVANIA. B. Franklin, Thomas Mifflin, Robert Morris, George Glymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouv. Morris. Dan of St. Thomas Jenifer, Daniel Carroll. VIRGINIA. John Blair, James Madison, jun. NORTH CAROLINA. "William Blount, Rich'd Dobbs Spaight, Hu. Williamson. SOUTH CAROLINA. J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abr. Baldwin. Attest- "WILLIAM JACKSON, Secretary* ARTICLES ADDITIONAL TO, AM) A3IEXDATORY OF. THE coxsirrrnox of the dited states. The fifth article of the original Constitution of the United States runs thus : •• The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or. on the application of the Legis- latures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legis- latures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hun- dred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate." Pursuant to the provisions of this fifth article, the following amendments, after being duly proposed by Congress, and ratified by the requisite number of the Legislatures of the several States, became a part of the Constitution of the United Statea Of the twelve articles thus added, the first ten were finally adopted in the year 1791, the eleventh in 1798, and the twelfth in 1804. AMENDMENTS. ARTICLE I. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assem- ble, and to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their per- sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, sup AMENDMENTS TO THE CONSTITUTION. 343 ported bj r oath or affirmation, and particularly describ- ing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any j erson be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con* fronted with the witnesses against him ; to have com- pulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. In suits at common law, where the value in contro versy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jurv 344 AMENDMENTS TO THE CONSTITUTION. shall be otherwise reexamined in any court of the United States, than according to the rules of the com- mon law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments in- flicted. ARTICLE IX. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII. The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in dis- AMENDMENTS TO THE CONSTITUTION. 345 tiiict ballots the person voted for as Vice President ; and tb'ey shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each ; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The Presi- dent of the Senate shall, in the presence of the Senate and House of Eepresentatives, open all the certificates, and the votes shall then be counted ; the person hav- ing the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Eepresenta- tives shall choose immediately by ballot the Presi- dent. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall con- sist of a member or members from two-thirds of the States, and a majority of all the States shall be neces- sary to a choice. And if the House of Eepresentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death, or other constitutional disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then 15* 346 AMENDMENTS TO THE CONSTITUTION. from the two highest numbers on the list the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole num- ber of Senators, and a majority of the whole number shall be necessary to a choice. But no person consti- tutionally ineligible to the office of President shall be eligible to that of Vice President of the United States. GENERAL INDEX. PAGE Acts of a deliberative assembly, what properly constitutes the. . S6 Adapts, John Qaiocy, his commendation of Cicero's advice to his SOD 18 Addition, or union of propositions, how effected.. 144 Adjournment, motions for, almost always in order 123 wheD. however, not so 123 motion for, takes precedence of all other motions. . 123 when susceptible of amendment 124 sine die, difference between, and a motion simply to adjourn , 124 must be formally declare! by the president 124 its effect on a pending- proposition 125 Am of the present work, rath ; '-• 5 Amendment of a propositi on. in what ways usually made 136 of an amendment to an amendment ins Le.... 136 to what has already been agreed toj not allowable. . 137 may be made by adding, separating, or transposing propositions 142. 143 inconsistent with those already agreed to, not admis- sible 140 deemed inconsistent, not. however, to be suppressed by the presidei , 140 motion for, what is the proper object of 135 may be so made as U alter or pervert a proposition entirely . . ^. 135 rules to prevent the improper use of motions for.. . . 136 motions for, proper form of 14), 141 motion for. its rank among privileged questions 141 motions for. order in which they must be put 136 proposed in the report of a committee, how treated. 161 348 GENERAL INDEX. PAGE Ancients, as compared with the moderns, question concerning, with references 244 Andre, Major, questions concerning, with references 243 Appeal from the decision of the chair, how made 149 motions on, debatable 150 Architect, every man the, of his own fortune, question about, with references 245 Arguments, how to be arranged 74, 75 Aristotle, Macaulay's estimate of his Organum 46 Assembly, a deliberative, what is 83 importance of knowing how to figure in. ... .15, 16, 65, 66 variety of interests involved in the transactions of.. .15, 83 officers necessary in 83 a dignified spectacle 64 disorderly member of, how to be treated 272 Ballot, what is a 88 Banks, question concerning, with references 242 Begging the question, what it is 76 Being, the Supreme, questions concerning, with references 239 Blanks, mode of filling 144, 145 rule in Jefferson's Manual concerning 145 Book, this, assumes the office of the Roman father 10 Burden of proof, what it is 73 Burke, Edmund, his opinion of Fox, as a debater 58 his constant attention to style 23 his failure sometimes in conciseness 71 Business, mode of commencing in a deliberative body 101, 102 order of, often fixed by rule, and the use of such order. 155 when all finished, what is to be done by the president. 164 By-Laws, meaning and derivation of the term 60 Call for a public meeting should state clearly its objects 96 Canning, his solicitude about expression 23 Chairman, what is a 84 Charles the First, question concerning, with references 246, Cicero, his directions for suiting the tastes of an audience 18 his mode of practicing the art of composition 39 Circle, arguing in a, what it is 77 GENERAL INDEX. 349 PAGE Classical Studies, question of, with references 237 Clay, Henry, sought improvement in a Debating Society 58 his own account of his practice in speaking 68 Coleridge, his view of method in statement 72 Commit, motion to, when employed 133 may be amended variously 134 its rank among privileged questions 134 effect of an affirmative decision of 134 Committee, what is a, and its advantages 103 select and standing, difference between 104 what persons should not be on a 104, 105 mode of fixing the number to serve on a, and of select- ing them 105 how notified of their appointment 106 may organize in their own way 106 member first named for, usually made chairman 106 duty of the person first named on a 106 their time and place of meeting subject to the direc- tion of the assembly 107 can not act by separate consultation 107 reason why they should not sit during the session of the assembly 106, 107 number of members necessary to form a quorum in. . 108 subjects usually referred to 108 subjects, either in whole or in part, may be referred to a 103- must follow strictly the instructions of the assembly. . . 1 04 papers, how treated in a 110 can not alter the subject referred to them Ill when wholly opposed to a paper referred to them, must report it back to the assembly ." Ill can not interline or mark over a paper not originating with themselves Ill disorderly words in, how treated 109 their report, mode of presenting 158 report of a, should conclude with a resolution 109 report of a minority of a 112 Committee of the Whole, what is a, and the advantages of 113 mode of resolving the assembly into. . 113 350 GENERAL INDEX. PAGE Committee of the Whole, chairman of, how appointed 113, 114 clerk, or secretary of, how appointed. 115 number necessary to form a quorum in 13 5 president of the assembly should al- ways be present in 115 course to be pursued when there is not a quorum present in 115 modes of proceeding in, not essentially unlike those in the assembly itself. 116 mode of proceeding when it is necessary to have more than one session 117 proceedings in, not recorded in the journal 115 difference between a, and the assembly itself 117, 118 course pursued by, when the business is finished ; 117 form observed when they rise and re- port 117, 118 Communications, how introduced into a deliberative body 157 Complaint against a member for using disorderly words, when to be made 170 Congress, one of the reasons why their sessions commence so late in the day -. ? 108 Constitution and by-laws, discussion concerning, useful 60, 61 form of a 289 of the United States , 317 Convention, the Hartford, question concerning, with references . . 246 Country and city life, debate concerning 200 Credulity and suspicion, debate in outline concerning 227 Cromwell, Oliver, question concerning, with references 240 Crusades, debate in outline concerning ... 223 Curran, awkwardness of his first attempts at oratory 57 his extraordinary success as a debater 57 CusniNG, L. S., his summary of the elements of parliamentary law 1 1 Debate, proper meaning of the word 7 brings all assumption to the test of logic 8 order of . 165, &c GENERAL INDEX. 351 PAGE Debate, when the president may take part in 165 members eDgaged in, must address the presiding officer. 168 members engaged in, not to designate one another by name 1 68 digressions from the subject of, not to be indulged in. . . 169 courtesies required in 169 members personally concerned in the subject of, not to be present during 169 disorderly or abusive words in, how to be treated, 169, 170,- &c. Debater, what is a good. 13 importance of becoming a good 15, 16 should be accounted an upright man 16 should have natural gifts, but well cultivated 16 must have full control of himself 17 must seek the good-will of his audience 17 should be quick to discern the character of his audience 18 should be a man of very general intelligence 20 should aim at simplicity, clearness, and earnestness. . . 22 should be free from what is studied and artificial 23 should not be solicitous about mere manner and gesture 22, 23 should be familiar with parliamentary rules.. . . , 25 should be a good extemporaneous speaker 26 should not be a servile imitator 12 Debates, in full. . , 174, 200 in outline 216 Debating, art of, ought to be a branch of scholastic education... . 67 Debating Societies, debate in outline concerning 42, 221 Decisions of a deliberative body, how expressed 86 of a presiding officer, on questions of order, when ques- tioned, how settled 92 Deliberative eloquence, what is 13, 14, 15 occasions for the use of 14, 53 assemblies, number and variety in this country. . . 14, 53 Demonstrative eloquence, what is 13 Demosthenes, his careful preparations and the taunt of Ins rival, Pythias 32 his power as an extemporaneous speaker 32, 33 Dickinson, John, his draft of a petition to the king 63 Discussion, derivation and full meaning of the word 69 352 GENEKAL INDEX. PAGS Discussion, its advantages under the forms and rules of an organ- ized society 51, 52 may be renewed on a question, even after the voting upon it has been commenced 95 Disorder in a deliberative body, how to be treated 172 Disputation, logical, a noble art 45 rests on a scientific basis 46 Division of the house, when and how made 93 in case of a difficulty during, what is to be done 95 of a question, what is meant by 142 . of a question, advantages of 143 of a question, subject to the same rules as a motion to amend 143 of a question, can not be demanded by individual mem- bers as a right 143 Education, female, question of, with references 241 Elizabeth, Queen, question concerning, with references 245 Emulation in schools, debate in outline concerning 218 Error, her shifts and expedients 9 Erskine, Lord, his first speech in the House of Commons 30 Evil, real and imaginary, debate in outline concerning 225 Exordium, what it should be 81 Exposition in debate, should be clear, concise, and methodical. . . 70 Extemporaneous speaking, two errors concerning 29 causes of failure in 30, 31 power of, possessed in greater or less degree by all 32 not to be discouraged, because some persons make an ill use of it 32, 33 precepts for acquiring skill in 36, 37, cfec. Feudal System, question concerning, with references 2S8 Flatterer and the Slanderer, debate concerning 174 Floor, when a speaker has the, he can not be refused a hearing.. 166 when disputed, mode of deciding the matter 166 when yielded voluntarily, can not be claimed again, as a right 168 a member in possession of, not to be interupted, except by a call to order 166 GENERAL IXDEX. 353 PAGE Forms of Government, question concerning, with references 238 Fox, Charles, his custom in the House of Commons 58 Genius, question concerning, with references 244 Geology, question concerning, with references. 238 Gloze, derivation of the word 188 Goethe, his view of the source of true eloquence 28 Gorgias Leontinus, his confidence in training, as a means of pro- ducing fluent speakers 32 honor conferred upon him by all Greece. ... 33 Henry, Patrick, his early fondness for debate 59 his deficiency, when called upon to reduce his views to writing 62 Hiptias the Wise, his proposal to Socrates and Protagoras 49 Homer and Milton, question concerning, with references 241 Independence, Declaration of 300 Introducing business, mode of 101, 102 petitions, or other communications, mode of. lot Jay, Mr., his address to the people of Great Britain 63 Jews, restoration of, question concerning, with references 241 Journal and other records, by whom to be kept 99, 100 Judicial eloquence, what is 13, 14 Junius, question concerning, with references 243 Law, parliamentary, what is, and the use of 84, 85 Lee, Richard Henry, his failure in the details of business 62 Lie on the Table, motion to, when employed 125 motion to, its rank among privileged questions 125 motion to, can neither be debated nor amended 126 effect of a motion to, when carried, on a pend- ing proposition 126 Logic, as a science, not to be neglected 47 Lying, debate in outline concerning 226 Macaulay, his estimate of Chatham as a debater 26 his estimate of the Organum of Aristotle 46 354 GENERAL INDEX. PAGE Mackintosh, Sir James, his remark on the style of Butler's Anal- ogy- 23 Main, or principal question, what is the 119 Majority and plurality, difference between 89, 90 Mansfield, Lord, his obligations to a debating society 57 Mary, Queen of Scots, question of her execution, with references 210 Member, rights and duties of a . 100 not to be interrupted, when speaking, except by a call to order 186 can not be refused a hearing, when fairly in possession of the floor 166 when using disorderly words, how to be treated 1*72 should address the presiding officer, when speaking. . . . 168 when it is in order for him to speak on a question 165 Milton, his estimate of the power of truth 7 Minority, report of 112 Minutes of a meeting need not, if correct, be approved by a for- mal vote 156 mode of correcting, when in error 156 Miser and the spendthrift, debate in outline concerning 229 Moderator of a meeting, what is the 84 Motion and resolution, difference between 87, 88 why and when called a question 92 when necessary to be in writing 91 when duly seconded and stated from the chair, becomes the property of the assembly 135, 152 to second, what is meant by 86 when it is in order to speak on 165 once before an assembly, can not be superseded, except by a privileged question Mythology, question concerning, with references 238 Name, member alluded to, not to be addressed by, in debate 168 of a member rising to speak to be called by the president. 168 Napoleon, question of his banishment, with references 237 Negroes, question concerning, with references 2-15 Observations, introductory 7 Officer, the presiding, various titles of 84 GENERAL INDEX. 355 PAGE Officers, necessary in a deliberative assembly 84 mode of selecting 97 their several duties 98, 99, 107 GENERAL IXDEX. 359 PAGE Second a motion, what is meant by 87 Secretary, recording, duties of 99 corresponding, duties of 100 Sexes, the, question concerning, with references 241 Sheridan, his first speech in the House of Commons 33 his resolution to succeed, as a debater 33 his example worthy of imitation 33, 34 his choice and arrangement of words 23 Socialism:, question concerning, with references. 244 Societies, secret, question concerning, with references 242 debating, their utility 42 debate in outline concerning 221 Socrates, his dispute with Protagoras 49 Socratic Method of reasoning, what it is 48 its advantages 48,50 not the best, as a discipline 48. 49 its evils 50, 51 Slanderer and the Flatterer, debate concerning 179 Sine Die, adjourning, what is meant by 124 Speaker of the House 84 SrEAKiNG, all public, divisible into three kinds 13 extemporaneous, two errors concerning 29 extemporaneous, precepts for the practice of 36-41 Spectres, question of. with references 237 Spendthrift and the miser, debate in outline concerning 229 Style, importance of. 23 Subjects, one only at a time to be under deliberation in an assem- bly 166 Suspension of rules, motion for, when necessary 152 number of votes necessary to authorize a 153 Suspicion and credulity, debate in outline concerning 227 Theatre, debate in outline concerning 231 Town and country, debate concerning 200 Trade, free, question concerning, with references 24 2 Transposition of the parts of a proposition 144 Treasurer, duties of 100 Trojan war, question concerning, with references 244 360 GENERAL INDEX. PAGE Vice-President, duties of 99 Vote and ballot, difference between 88 the casting, when to be given 93 every member should give his 93 Voting, members in some assemblies, excused from 93 War, question of, with references 237 Webster, Daniel, his mode of recalling the question in dispute.. . 18 his clearness in exposition 71 Whatelt, Archbishop, his views on delivery 24 Whewell, his views on the study of Logic 46 Whole, committee of the, what is a 113 Wirt, William, his fine retort upon Wickham 82 Withdrawal of motions, motions for, when to be made 152 Woodfall, his opinion of Sheridan's first effort in the House of Commons S3 Wo^ds, unusual, to be avoided 72 Writing, makes an accurate man 35 not, however, always the sign of accuracy 34, 35 fictitious, question concerning, with references 236 Yeas and Nays, taking the question by, what is meant by 93 modes of taking the 94