Class _Eft_ Book_J^_ GopyrightN?-. COEfliiCMT BEPOSIT. 1± THE AMERICAN DEBATER. e^£^ ^i^^o- THE AMERICAN DEBATER: A PLAIN EXPOSITION OF THE PRINCIPLES AND PRACTICE OF PUBLIC DEBATE : WHEREIN WILL BE FOUND, AN ACCOUNT OP THE QUALIFICATIONS NECESSARY TO A GOOD DELIBERATIVE ORATOR, AS ALSO THE MODE OE ACQUIRING THEM, THE RULES OF ORDER OBSERVED EST DELIBERATIVE ASSEMBLIES, DEBATES EST FULL, AND LN OUTLINE, ON VARIOUS INTERESTING TOPICS, NUMEROUS QUESTIONS FOR DISCUSSION, FORMS OF A CONSTITUTION FOR LITERARY CLUBS OR DEBATING SOCIETIES, ETC., ETC. A By JAMES K McELLIGOTT, LL.D., AUTHOR OP "THE ANALYTICAL MANUAL," "YOUNG ANALYZER," ETC "Here is a thing wherein I would willingly have you agree, that is, to dispute and not to quarrel ; for friends dispute between themselves for their better instruction, and enemies quarrel to destroy one another."— Plato. NEW YORK : IVISON & PHI1SFNEY, 178 FULTON (SUCCESSORS OF NEWMAN & IVISON, AND MARK H. NEWMAN & 00.) CHICAGO: S. C. GRIGGS & CO., Ill LAKE STREET. BUFFALO : PHINNEY & CO., 188 MAIN STREET CINCINNATI : MOORE, WILSTACH, KEYS & CO. AUBURN: SEYMOUR 4> ^ Entered, according to Act of Congress, in the year 1855, by JAMES N. McELLIGOTT, In the Clerk's Office of the District Court of the Southern District of New York. STEREOTYPED BY PRINTED BY THOMAS B. SMITH, J. D. TORRET, 84 Beekraan St. N. Y. 18 Spruce Street. CONTENTS. SECTION I. PAGE Introductory Observations 7 SECTION n. What is a good Debater? 12 section nr. EXTEMPORANEOUS SPEAKING 25 SECTION IV. Rules of Order in Deliberative Assemblies 38 SECTION V. Privileged Questions 73 SECTION VI. Order of Business 109 SECTION VII. Order of Debate. ..>,..*, , 119 VI CONTENTS. SECTION VIII. PAGE Debating Societies 128 SECTION IX. Management op a Question 132 SECTION X. Debates in Full 137 SECTION XL Debates in Outline 184 SECTION XII. Questions with Eefeeences 204 SECTION XIII. Miscellaneous Questions for Discussion 215 SECTION XIV. Forms op a Constitution and By-Laws suitable for a Lit- erary or Debating Society 238 APPENDIX. Constitution of the United States 265 Proceedings of the Convention which formed the Constitu- tion 289 Letter of the Convention to the Old Concress. 290 Amendments to the Constitution 294 Index to the Constitution 299 PREFACE. rpHE aim of this work is not novelty, but utility. Its merit, therefore, if any it has, consists not in the develop- ment of new ideas and principles, but rather in working into shape, convenient for reference and for teaching, materials which, in some form or other, every one should have, who aspires to be a good debater. That the youth of our country ought to be conversant with the principles and practice of public debate, that is, ought to be instructed in the arts of speaking and m the modes of proceeding proper to a deliberative assembly, will immediately appear, if we but consider the impoitanfc in- terests, social, civil and religious, which often hang upon the decisions of bodies of this nature. The time has come, when public speaking, not that alone which is the result of careful premeditation, but that, especially, which, in order to defend truth in the moment of her danger, must itself be the offspring of the moment, can be no otherwise considered than as a necessary preparation for the active duties of life. To those, therefore, who feel the force of this sentiment, to all, in short, who, for any cause, deem it wise to fit and Vlll PEEFACE. furnish themselves for effective service in public discussion, this volume is offered ; not as exhausting the subject, or introducing everything that might be desired in the case, but as affording important, if not essential, aid. To those instructors who hold, with the author, that de- bates, oral or written, or both, are quite legitimate scholastic exercises, and better calculated than most other exercises in speaking and writing, to awaken interest and secure pro- ficiency, this work is commended as a suitable text-book, wherewith the subject may be brought up in regular recita- tions, and the precepts inculcated immediately reduced to practice. To those, finally, who have passed the precincts of youth, and have had, or are anxious to have, some practical skill in doing what is requisite to be done in deliberative assemblies, the author ventures to tender the following pages, as con- taining such hints, and suggestions, and instructions, respect- ing the qualifications of a good debater, and the rules of order in the transaction of business, as may render it, per- chance, a valuable book of reference. Such is the design of the present publication. Its plan, which may be discovered at a glance, is perfectly simple ; for it aspires to no higher office than that of being a plain, though reliable guide in the matters, whereof it undertakes to speak. SECTION I. INTRODUCTORY OBSERVATIONS. rpHE endowments, both natural and acquired, essen- -*- tial to the formation of a finished debater, are rare and various. Few, accordingly, ever reach the highest distinction in deliberative oratory. But, by reasonable study and practice, every person of ordinary ability may easily acquire such skill in debating, as will enable him to acquit himself decent- ly, if not handsomely, in a public assembly. This being the case, it becomes the interest, because it is the duty, of every American youth to prepare him- self, as best he can, to figure advantageously in de- liberative bodies. In so doing, however, some guidance seems neces- sary ; for, as he that travels, in foreign lands, without a guide, is apt to travel to very little purpose, so he that labors to become a good debater, without suitable direction, is most likely to miss the aim of his best endeavors. He ought, at least, definitely to ascertain what defects he is to cure, what errors he should avoid. To give this information, to be, in short, a sort of friendly guide to the principles and practice of de- 10 INTRODUCTORY OBSERVATIONS. bating in public, the following pages are designed. They assume that the young debater ought to know what is peculiar to the line of speaking, in which he wishes to excel, and that in order to understand that, one way (among many) is to consider the relations which it sustains to the several other great branches of public eloquence. Accordingly, 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 delibera- tive orator given in detail. But, as among the qualifications set down as neces- sary to success in debating, extemporaneous speaking is particularly specified, because it is of the highest importance, the section next in order is devoted ex- clusively to that subject. The young debater may, however, be seriously em- barrassed by a want of acquaintance with those rules of order which are in general use in deliberative as- semblies. Hence, a large portion of the work is occu- pied with a course of instruction, in the form of question and answer, designed to render him familiar with what is aptly called the common code of Parlia- mentary law. But, when well provided in all other respects, there is a particular duty implied and involved in the very act of undertaking publicly to discuss a question, in the performance of which some aid or advice may be necessary. That duty is to study how best to treat the question ; and, therefore, under the caption, " Management of a Question" the student will find INTEODUCTOEY OBSEEVATIONS. 11 some directions that may prove both timely and serviceable. 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, some notion of the modus operandi in general, might be better conveyed in this way than in any other. The full debates are followed by a series of skeleton or outline debates ; that is, questions with a summary of arguments, 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 reflections. Next, in order, follows a series of questions, with references, under each, to authorities or sources of in- formation on the matters, concerning which they chal- lenge dispute. After these, is inserted an extensive list of debat- able questions, in respect to which the reader is left to act as an independent reasoner : thinking and consult- ing as his judgment and intelligence may direct. To serve the convenience of those who may, per- haps, for the first time, be appointed to draft Eules and Eegulations for a Debating or Literary Society, the last Section of the work is devoted to the present- ation of two different forms of a Constitution and By-Laws, suitable for such an association. SECTION II. WHAT IS A GOOD DEBATER? rpO 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 aim, 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 show or point out clearly), is here used, as among the Latin rhetoricians, to signify what is showy, or abounding in show or ornament, i. e. lauda- tory, glorij WHAT IS A GOOD DEBATER? 13 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 14 WHAT IS A GOOD DEBATER? 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 necessity of preventing party sway and hasty action, render it important for every one to be ready to exert a wholesome influence in WHAT IS A GOOD DEBATER? 15 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. 16 WHAT IS A GOOD DEBATER? He must have fall 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 assembly, 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, then, 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 WHAT IS A GOOD DEBATER? 17 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 ap- peals 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, 18 WHAT IS A GOOD DEBATER? 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. Kemember, 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 persuading 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 WHAT IS A GOOD DEBATER? 19 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." In acting upon this advice of the great Eoman orator, and the scarcely less great Eoman Rhetorician, it need hardly be said, since the limitation will be obvious from the nature of the case, that the young orator is not ad- vised 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 mo- tive to influence men to seek that object. 3. He should be 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 20 WHAT IS A" GOOD DEBATER? hardly estimate the importance of wide general infor- mation in a debater. With him no kind, or item of knowledge, is withont 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- 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. WHAT IS A GOOD DEBATER? 21 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 discussing it, and fluency of speech is what especially he needs. But fluency is not finery. 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 in 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 feelings so absorbed in his theme, as to free his deliv- ery from every appearance of being studied and artifi- cial. 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- ness of pronunciation, to proper gesticulation, and whatever else may constitute the requisites of a grace- 22 WHAT IS A GOOD DEBATER? 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 self, striking at the root of the evil. He will, indeed, on the outset, incur censure, not only critical, but moral ; he will be blamed for using a colloquial delivery; and the censure 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 conversation, though of serious and earnest conversation ; but by persever- ance he may be sure of avoiding deserved, and of mit- igating, and ultimately overcoming, undeserved censure. WHAT IS A GOOD DEBATER? 23 " He will, indeed, never be praised for a ' very fine delivery;' but bis matter will not lose tbe approbation it may deserve ; as be will be tbe more sure of being beard and attended to. He will not, indeed, meet witb many wbo can be regarded as models of tbe nat- ural manner ; and tbose be does meet witb, be will be precluded, by tbe nature of tbe system, from minutely imitating ; but be will bave tbe advantage of carrying w r itbin bim an infallible guide, as long as be is careful to follow tbe suggestions of nature ; abstaining from all tbougbts 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, wbile be steadily adberes to tbis plan, be is in tbe right road to it ; in- stead of becoming, as on the other plan, more and more artificial the longer be studies. And every ad- vance be makes will produce a proportional effect ; it will give bim more and more of that hold on the at- tention, the understanding, and the feelings of the 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 the orator, which is, to carry his point ." 6. The next special qualification for a good debater, here to be mentioned, is perfect famibarity witb tbe rules of parliamentary practice. The necessity of such a code of laws is apparent from the nature of the case, and the wisdom of those now generally in force is fully attested by tbe voice of experience. It not unfrequently happens, that the most import- 24 WHAT IS A GOOD DEBATER? ant advantages in the management of a question are entirely lost through the speaker's ignorance of some form of procedure, or the operation and effect of some rule of order. In the event of one's being elected to preside over the deliberations of a meeting or society, nothing can exceed the wasting, exhausting, mortifying process of laboring to govern and direct without knowing how. On the contrary, if qualified in this respect, whether he figure on the floor in the capacity of a debater, or occupy the chair of the presiding officer, the order of proceeding, being fully understood, is made subservient to its legitimate purposes, the dignity of the assembly is duly maintained, and the interests at stake in the discussion carefully protected and promoted. 7. Last of all, as, indeed, first of all, he must be 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 in- surmountable. Excellency of speech is no exclusive gift of genius ; but always, more or less, the fruit of practice. This fact is so important as to call for a sepa- rate consideration, and, accordingly, the following Sec- tion is devoted to that subject alone. SECTION III. EXTEIPOKANEOUS SPEAKING. nn"WO opinions, equally plausible and equally errone- -*- ous, are entertained in relation to extemporaneous speaking. One is, that 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- spondent 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 2 26 EXTEMPORANEOUS SPEAKING. to an ill-disciplined mind ; though these will be 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 even 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, sometimes — But further enumera- tion 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. EXTEHPOKANEOUS SPEAKING. 27 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 extempor- izing is the gift, not of a 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 ^equality 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 28 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 Khetoric, which un- folds the principles, and in Oratory, which displays 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 from others, the taunting remark, that " all his arguments smelled of the lamp. v -\ 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 EXTEMPOKANEOUS SPEAKING. 29 ed, lie had 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," says Plu- tarch, " as from a supernatural impulse," and equally to delight and instruct by his 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 would 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, " I don't 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 is in 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 a little instructive. Especially should it be remembered, that their solicitude was chiefly about the thoughts, not about the words. 30 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 me ; " let him take with cool deliberation the resolve expressed in the second, — "and it shall come out of me ;" 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 -fee 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. 31 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. Eather let it be the more earnestly cultivated, in order to the avoid- ance of these very evils ; for, when well executed, it assuredly argues higher and better culture, and conse- quently, greater industry and accuracy, than belongs, or ever^an 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 is 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 32 EXTEMPORANEOUS SPEAKING. practice of declaiming extemporaneously, as to offer suitable directions for the 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 EXTEMPORANEOUS SPEAKING. 33 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 — u and good language top /" 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. 2* 34 EXTEMPOKANEOUS SPEAKING. The third rule is — Bead 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. 35 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, 36 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. 37 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 char- acter 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, by persevering and judicious practice, may become ready and efficient speakers. " But," as is well observed by an eminent writer,* already quoted, " no man ought to place such confi- dence in his own abilities as to hope to rise to the highest pitch of reputation by his first efforts. For our extemporary powers of speaking must rise by de- grees, from inconsiderable beginnings to perfection. And this can neither be acquired nor maintained without practice." * Quinetillian. SECTION IV. RULES OF ORDER IN DELIBERATIVE ASSEMBLIES. rriHIS part of the present work embraces a pretty full -*- course of instruction in the Rules of Order ob- served in deliberative assemblies. For reasons else- where* assigned, these rules deservedly claim the most careful attention. They are, indeed, of almost universal applicability ; but (as stated on page 41) are often, by special rules, altered, modified, or superseded, in certain points, to answer the demands of particular organizations. In this part of the subject, moreover, 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 work, will be able readily to reach their object, by means of the In- dex at the end, which has been made, expressly for that purpose, very full and minute. * See page 40. PRELIMINARY INSTRUCTIONS. 39 PRELIMINARY INSTRUCTIONS. 1. What is a deliberative assembly ? A deliberative assembly is an organized meeting of persons convened to consider and examine the reasons for and against measures and propositions submitted for their decision. 2. What is meant by an " organized" meeting ? To organize is to form, or supply with the proper organs, that is, with the means or instruments of action ; and, when applied to an assemblage of persons gath- ered for deliberation, signifies to supply with suitable officers, and otherwise so to provide, that all the mem- bers may duly participate 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 Sepretary 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 * The presiding officer in a deliberative body is variously de- nominated. In the Senate of the United States, he is the President ; in the House of Representatives, he is the Speaker ; in certain ec- clesiastical organizations, he is the Moderator ; in ordinary meet- ings, resulting from a published call, he is styled the Chairman. President is the name most comprehensive, and the one most com- monly employed in literary and other societies, in Boards of Man- agers, and in other similar organizations. 40 RULES OF ORDER. or more additional Secretaries, a Corresponding Sec- retary 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 Kules 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 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 ? 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- PRELIMINARY INSTRUCTIONS. 41 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 are founded, so do they differ not unfrequently 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 in the National Congress or in the Slgtte 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 gen- erally established, it is often called the common code Or PARLIAMENTARY LAW. 7. Is it customary, in deliberative bodies, to adopt rules other than those embraced in this common code f 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 precedence. Where there is no special rule, there, of course, the common law is to be enforced. 42 RULES OF ORDER. 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 Res- olutions. 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 "on motion, duly seconded" ? Whenever a member wishes to get the sense, or judgment of the body on any given proposition, and, for that purpose^moves, or proposes its adoption, he 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 : " / second that mo- tion." 10. Are not the words " motion" and " resolution" often convertible terms? Motion, literally means the act of moving ; resolution, PRELIMINARY INSTRUCTIONS. 43 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 often proves identical with that which is resolved, these two words are generally regarded as synonymous. The distinction, however, between them deserves to be kept in mind, and it may further serve to impress it, if we remember, that while it is quite common and proper to say, " I move a resolution" it would be wholly inadmissible to reverse the terms and say, " / resolve a motion" * 11. In what way or ways are decisions commonly made in a deliberative assembly f 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 f Vote, literally means a vow, wish or will. It is, * Mathias (Rules of Order, p* 44) mentions a distinction made in Legislative bodies between these two terms, which rests, as will be seen, essentially upon the original differences of import indicated in the text. He says : " Legislative bodies make a marked distinc- tion between resolutions and motions. The former are presumed to embrace matters of importance, and, after being read by the clerk, require a motion to ' proceed to a second reading and consider- ation.' Motions are of minor character, and relate generally to order in taking up business, or to some preparatory movements necessary for business. These do not require a second reading." 44 EULES OF OEDEE. therefore, properly used to signify the choice, or pref- erence, which one may have along with others, in rela- tion 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 properly to signify one's choice by throwing 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 f 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- 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 between the terms majority and plu- rality f Majority signifies the greater part, that is, more than half. He, therefore, that is elected by a majority, is elected by more than half of all the votes cast. Plurality signifies a greater number ; that is (in the case, for example, of an election where there are more than two candidates), a number greater than that re- PEELIMINAEY INSTEUCTIONS. 45 ceived by any other candidate, but less than half of the whole number of votes cast. Thus, a candidate may -have a plurality without having a majority ; but he cannot have a majority without having a plu- rality. 15. Must a motion submitted for the decision of a delib- erative assembly, be oral or written f 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 u Voted" " Ordered, 1 " 1 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. 46 EULES OF OEDEE. 17. Why and when is a proposition before a deliberative body called a question ? When, after due deliberation, a motion comes to be 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 f n 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 l Aye /' " Then, pausing a moment to hear the response, he adds: " Those of the contrary opinion will say ' No /'" 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 f Should the president, after putting the question, (if necessary a second time,) still be unable to decide, or should his decision, when announced, be brought into PRELIMINARY INSTRUCTIONS. 47 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 f 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. 48 EULES OF OEDER. 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 ' No. 1 " 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. 49 23. Is it in order to re-open the discussion after the vot- ing upon it has been commenced t 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 sides 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 f 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 off 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. 3 50 RULES OF ORDER. 26. If ivhile a decision is going on, the number of mem- hers present falls below that required for a quorum, does that hinder the decision of the question f 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 f 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 will please signify it by saying ' Aye P " The response to this being given, he adds : " Those opposed to the motion will please say ' No P " If the question be decided in the affirmative, f the * If the meeting has been convened by a public call, or advertise nient, 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. f If, however, the question be negatived, another nomination is, MODE OF ORGANIZING. 51 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 f 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., 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 f 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, till a president is chosen. * For the mode of presenting and receiving the Report of a Com- mittee, see page 000. 52 EULES OF OKDER. a temporary purpose, to form itself into a regular society, what form should be observed in so doing f 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 AND 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 OFFICEES AKD MEMBEES. 53 (3.) 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 Eeports, 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 f The duty of the Yice-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 f 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- 54 RULES OF ORDER. tees of their appointment and of the matters committed to them, — to authenticate, 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 f 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 f The duty of every member is to follow strictly the rules of order, — to abstain from all personalities in de- MODE OF COMMENCING BUSINESS. 55 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. 38. What is the first step after the organization of a meeting f 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 Eeports 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 Eesolu- tions expressive of the sense of the assembly. 56 KULES OF ORDER. 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 Ke- port in the manner described on page 112. In case Resolutions 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 f 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, &c, &c, see page 110. f The term quorum (literally, of whom) is one of the words used, COMMITTEES. 57 COMMITTEES, 42. What is a committee f It is often convenient, if not necessary, for a delib- erative body to commit, or entrust, to one or more of its members such matters as require a more extended examination, or a more free discussion, or a more elab- orate preparation for action, than is compatible with the formalities essential to the government of large as- semblies. The party or parties to whom such matters are committed, is called a committee. 43. Is a matter referred to a committee for no other pur- pose than for those just specified? A matter may be referred to a committee merely as a suitable means of collecting information concerning it. Not unfrequently the reference to a committee is only a convenient mode of postponing the considera- tion of a subject. 44. May a part only of a subject be referred to a com- mittee F A subject may be referred to a committee, in part in England, in the Latin form of the commission to justices of the peace. The part of the document wherein the word occurs, runs thus : " We have also assigned you, and every two or more of you, quorum unum, A B vel C T> vel E F, &c, esse volumus, that is, of whom we will that A B or C D or E F, &c, shall be one." This made it necessary that certain individuals, who, in the language of the commission, were said to be of the " quorum," should be present dur- ing the transaction of business. Hence, in legislative and other deliberative bodies, has arisen the application of the term to such a number of the members as may be declared necessary to gi^ the human heart, which finds nourishment in con- tests of all kinds, and which often tempts the unwary disputant " to make the worse appear the better reason," and so secure a triumph at the expense of truth. You can not, therefore, my friends, be too cautious, too res- olute, or too self-denying, in the application of this rule. This leads me to a second precept, closely allied to the first, namely, to enter into the discussion of a ques- tion, with a mind prepared to accept truth, because it is truth ; no matter who presents it, or on what side it appears. Such a preparation, however, is not to be ac- quired without effort. It implies a relinquishment of all disposition to take unfair advantages. 182 DEBATES IN FULL. It carefully excludes the spirit of perversion ; toler- ates none of those countless shifts and subtleties that officiously offer their services in the defense of error and prejudice ; admits what is true as readily as it de- nies what is false ; guards the speaker against the in- dulgence of petty personalities ; teaches him to exer- cise every forbearance and every courtesy, but at all hazards^ through whatever clouds of words, flashes of wit, assaults of satire, or thunder of oratory? to make his way steadily into the presence of all- enchanting all-satisfying truth. A third rule of discussion is, — to study the subject of debate well beforehand, and, in so doing, take the widest and most liberal views ; determining your posi- tion only after pondering deeply both sides of the ques- tion, and carefully measuring and comparing the forces of each respectively. And when once you have chosen your position, seek to fortify it in your own minds by an orderly and apt arrangement of all your arguments; so that when you come to be put upon the defense, you may have perfectly at command the whole of your re- sources. This being done, have in readiness for detail and specification, those weak and untenable grounds which, by previous study, you have ascertained to be among the defenses of those who take the opposite side. This will command for you the respect that ever falls to him who is found to .be acquainted with his theme, be- sides saving you the mortification of confessing igno- rance and talking at a venture. The fourth and last rule which time here allows me to offer, is,— ever to observe the rules of order and the TOWN AND COUNTRY. 183 courtesies of debate. " Order," it lias been well said, " is Heaven's first law ;" and nowhere, in the universe, is that law more indispensable than in a deliberative assembly. Every speaker should feel himself under the strictest obligation to maintain in practice, as in precept, the rules and regulations adopted for the government and conduct of our meetings. Nor is this all. Above and beyond all the written requirements of the case, there is a certain educated refinement of manners, — a suavity of look, of word, and of act, without which all dis- cussion savors of insolent contradiction, all debate sinks down into noisy wrangling. He, then, who indulges much in the use of repartee, or satire, or ridicule, or whose deportment is so shaped as to wound the feelings of his opponent, thereby proves himself a practical enemy to the investigation of truth ; since his conduct shuts up all the reliable avenues to conviction, turns the discussion into a con- test of abusive utterances, and, instead of friendship, generates a brood of antipathies and resentments, that not only outlast the excitement of the occasion, but often go with us through all subsequent life. It is, therefore, impossible to be too strict in the observance of this last rule ; for, in debating societies, as in all others, the precept of the Apostle is equally imperative, "Let all things be done decently and in order." I forbear, Gentlemen, further to test your patience. I have no apology to offer for thus assuming to myself the office of an adviser ; unless it can be found in the well-meant, if not well-considered, endeavor to advance the common interests of our Association. SECTION XL DEBATES IN OUTLINE. "TTTHAT are here called Debates in Outline, are 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 matters of thinking and reasoning. DEBATES IN OUTLINE. 185 Can we reasonably indulge the hope of Universal Peace f 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 radical 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 186 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 t First 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. 187 diligent, or otherwise deserving, the mortifications of 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 every 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 f 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. 188 DEBATES IN OUTLINE. 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, unwatched, 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 EST OUTLINE. 189 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. 190 DEBATES IN OUTLINE. Debating societies, well managed, do this, and, there- fore, justly claim to be always far more beneficial than injurious. Second Speakee. {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. Thied Speakee. {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- voke thought, lead to useful comparisons of ideas, and so strengthen the mind. Foueth Speakee. {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 Speakee. {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. 191 Have the Crusades proved more beneficial than injurious to mankind '9 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 ■fiie institutions and customs of the day, disseminated information, gave unity of purpose to masses hitherto 192 DEBATES IN OUTLINE. divided by distance and by feuds, and planted the seeds of civil liberty, which, have come up 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) — JSTo 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 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. 193 Is there more of real than of imaginary evil in the world f Fiest Speakee. Affirmative.) — All evil is real, what- ever its source. But of that kind which is meant in this question, that is to saj, 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 Speakee. {Negative.) — The terrors of imagi- nary calamity beset us from childhood to old age. Who ean 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 ? Thied Speakee. {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. Foueth Speakee. {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 proline source of hypochondriac or maniacal hallucination; often the cause of incurable madness. What evil is comparable to the loss of reason ? 9 194 DEBATES IN OUTLINE. Is a lie ever justifiable? First Speaker. {Affirmative) — A lie is a story told with the 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": 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 perform 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, &c." merely because it is strictly a de- parture from truth ? May not a general practice false- DEBATES IN OUTLINE. 195 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. {Negative.) — 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. B (JO -^ ^. 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 196 DEBATES m OUTLINE. safeguards around his transactions, while credulity ex- poses him at every turn to the wiles of sharpers. Fourth 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 IN OUTLINE. 197 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 denies himself and his family the comforts of life, while he 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 198 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. 199 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 f Fiest 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 200 DEBATES IN OUTLIKE. 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 pupils. "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. 201 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. ^ Why is it," said a distinguished clergyman once to a great actor, "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, or nothing, true to our every-day experience. Seventh Speaker. (Affirmative)—^ Theatres are excellent means of amusement. They mingle what is 9* 202 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 Speakee. {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, while 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. 203 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 XII. QUESTIONS WITH REFERENCES. TT-ERE we introduce a series of questions, with refer- -"• enees 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. I. OUGHT THE PRESS TO BE WITHOUT LEGAL RESTRICTION? Encyclopaedia Americana, — Article, " Books, Censorship op." Milton on the Liberty of the Press. Hume's Essay on the Liberty of the Press. Coleridge, — The Eriend. Essay XXI. Dwight'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 LIII. Murray's Morality of Eiction, or an Inquiry into the Tendency of Eictitious Narratives. QUESTIONS WITH REFERENCES. 205 in. DO SPECTRES, OR GHOSTS APPEAR? Penny Cyclopedia, — Article, " Apparition." Walter Scott's Demonology and Witchcraft Hlbbert's Philosophy of Apparitions. Dwight's Decisions. Thacher's Essay on Demonology, Apparitions, and Popular Super- stitions. Upham's Lectures on Salem Witchcraft. Newnham's Essay on Superstition. Defoe's History of Apparitions. IT. "WAS THE BANISHMENT OF NAPOLEON TO ST. HELENA JUSTIFIABLE ? Alison's History of Europe. Thiers' History of the French Empire. O'Meara'S Napoleon in Exile. Scott's Life of Napoleon. Abbott's Life of Napoleon. Hazlitt's Life of Napoleon. Montholon's History of the Captivity of Napoleon at St. Helena. Bourrienne's Memoirs of Napoleon Bonaparte. V. IS WAR JUSTIFIABLE ? Chalmers on the Hatefulness of War. Channtng on War. Jay's War and Peace. War Inconsistent with the Religion of Jesus Christ, (New York 1815.) Dwight's Decisions. VI. ought classical studies to be encouraged? Locke's Thoughts on Education. Robert Hall on Classical Learning. Whewell's University Education. Sears, Edwards and Felton on Classical Studies. Donaldson's New Cratylus, — Introductory Chapter. Dwight's Decisions. Arnold's Miscellaneous Writings,— Article, « Rugby School." 206 QUESTIONS WITH REFERENCES. VII. DOES GEOLOGY CONFIRM THE MOSAIC ACCOUNT OP THE CREATION? Lyell's Principles of Geology. Hitchcock's Religion 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 Records — 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. Dwight's Grecian and Roman 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, " Eeudal System." Hallam's State of Europe during the Middle Ages. Bertngton'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 Tocquevelle's Democracy in America. Austin's Constitutional Republicanism in Opposition to Fallacious Federalism. QUESTIONS WITH REFERENCES. 207 XI. ARE CRITICAL REVIEWS ADVANTAGEOUS TO SCIENCE AND LITERATURE ? Encyclopedia Americana, — Article, " Reviews." Coleridge's Biog. Literaria, — 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 OP 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. xin. IS THE MAXIM, " A POET IS BORN SUCH, NOT MADE," TRUE ? Encyclopedia Britannica, — Article, " Poetry." Robert Hall on Poetic G-enius. Macaulay's Essay on Milton. — Modern British Essayists, Yol. I. Johnson's Rasselas, — Chap. Jeffrey's Review of Campbell's Specimens of British Poets. — Modern. British Essayists, Vol. VI. xrv. CAN THE EXISTENCE AND ATTRD3UTES OF THE SUPREME BEING BE DEDUCED FROM THE LIGHT OF NATURE ? Cudworth's Intellectual System of the Universe. Paley's Natural Theology. BrtdGewater Treatises. Sturm's Reflections on the Being and Attributes of God. Plato against the Atheists ; or the Tenth Book of the Dialogue on Laws. By Tayler Lewis, LL.D. 208 QUESTIONS WITH EEFEEENCES. XV. IS CAPITAL PUNISHMENT JUSTIFIABLE? Encyclopedia Americana, — Article, " Death, Punishment op." Spear's Essays on the Punishment of Death. Edinburgh Beview, Yol. XXXV., p. 320. Dwight's Decisions. Cheever's Defense of Capital Punishment, and Lewis' Essay on the Ground and Eeason of Punishment. Bradford's Inquiry on the Punishment of Death in Pennsylvania. Sullivan's Eeport to the Legislature of New York on Capital Punish- ment. XVI. was the execution of mart queen of scots justifiable? Eobertson's History of Scotland. Hume's History of England. Bell's Life of Mary. Abbott's Life of Mary Queen of Scots. Tttler's Historical and Critical Inquiry into the Evidence produced against Mary Queen of Scots. Whitaker's Vindication of Mary Queen of Scots. XVII. IS THERE A STANDARD OF TASTE? Blair's Lectures on Ehetoric. 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 Eebellion. 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. 209 XIX. WHICH WAS 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, Vol. 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. Ret. 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 Review, No. XXXTTT, — Article II. Westminster Review, No. LXYin, — 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 "Virtue. XXI. IS the prevailing system of education for females worthy of ENCOURAGEMENT ? Hannah More's Accomplished Lady, or Strictures on the Modern System of Female Education. Rev. Sidney Smith's Essay on Female Education. — Modern British Essayists. Vol. in. Fenelon on the Education of a Daughter. Mrs. Sigourney's Letters to Young Ladies. Miss Sedgwick's Means and Ends, or Self-Training. S xxh. is there sufficlent reason for a belief ln the national res- toration OF THE JEWS. Millman's History of the Jews. Cunningham's Letters and Essays on Subjects connected with the Conversion and Restoration of the Jews. Bicheno's Restoration of the Jews, the Crisis of all Nations. 210 QUESTIONS WITH REFERENCES. xxin. OUGHT SECEET SOCIETIES TO BE TOLERATED? Robinson's Proofs of a Conspiracy against all the Religions and Governments of Europe, carried on by Free Masons, Illuminati, and Reading Societies. Arnold's Philosophical History of Free Masonry, and other Secret Societies. Encyclopedia Americana, — Articles, " Jesuits, or Society op 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.) XXIV. 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. Lawson'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. LXYIII, — Article IT. XXY 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. CXXXY, — Article VII. Rae's New Principles of Political Economy in Refutation of Adam Smith's Wealth of Nations. Blackwood's Magazine, No. CCCXLI, for March, 1844,— Article, " Corn Laws." Ricardo's Principles of Political Economy and Taxation. Wayland's Elements of Political Economy. QUESTIONS WITH REFERENCES. 211 XXVI. IS THERE A POSSIBILITY OF REACHING- THE NORTH POLE? Encyclopedia Americana, — Article, " North Polar Expeditions." Barrow's Chronological History of Voyages into the Arctic Regions, from the Earliest Period to Captain Ross' Eirst Voyage. Ross' Arctic Voyages. Barrtngton'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 Expeditions. 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. Edgeworth's Practical Education. Godwin's Reflections on Education, Manners, and Literature. XXVHI. 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 Major 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. Y., 18] 8.) Junius Unmasked, or Lord Sackville proved to be the Author of Junius, (Boston, 1828.) 212 QUESTIONS WITH REFERENCES. XXX. 1/ WOULD THE UNIVERSAL PREVALENCE OP 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 VI. (On Socialism). Blackwood's Magazine, No. CCCXLIX., for November, 1844, — Article, " French Socialists." XXXI. ARE THE MODERNS SUPERIOR TO THE ANCIENTS IN RHETORICAL SCIENCE ? Aristotle's Rhetoric, translated by G-illles. Cicero De Oratore, translated by GTuthrie. Quinctilian's Institutes of Eloquence, translated by Guthrie. Longinus on the Sublime, translated by W. Smith. Dialogue on Eloquence, attributed to Tacitus, translated by Murphy. 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 OP THE TROJAN WAR CREDIBLE? Thirw all'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. 213 XXXIY. ABE NEGROES INFERIOR TO WHITE PEOPLE IN MENTAL CAPACITY? Penny Cyclopedia, — Article, "Man." Gbegoire'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 VI., Mary, and Elizabeth. Lucy Atktn's Memoirs of the Court of Queen Elizabeth. Abbott's Life of Elizabeth. XXXVI. 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. Mlddleton'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. 214 QUESTIONS WITH REFERENCES. XXXVII ) / WAS THE HARTPOED CONTENTION JUSTIFIABLE? Dwight's History of the Hartford Convention. Otis' Letters in Defense of the Hartford Convention. XXXVIII ARE NOT THE VIRTUES OP THE PURITANS GENERALLY OVER-ESTIMATED ? Neal's History of the Puritans. G-rey'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 OP 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, Vol. 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 OP ROME ENTITLED TO CREDENCE? Plutarch's Life of Romulus. Penny Cyclopaedia, — Article, " Romulus." Anthon's Classical Dictionary,— Articles, " Roma" and " Rom- ulus." Abbott's Life of Romulus. Niebuhr's History of Rome. Arnold's History of Rome. SECTION XIII. MISCELLANEOUS QUESTIONS FOR DISCUSSION. I 1ST order to supply, in some degree, the demand for variety in the questions proper for discussion in Debating Societies, we append the following list, which contains, among many others, those, also, that have been used in the three sections preceding. 1. Ought the State to provide for the free education of all children within its borders ? 2. Is a life of celibacy preferable to that of the married state ? 3. Ought old Bachelors to be subjected to civil disabilities ? 4. Should 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 ? 1. Ought ministers of the gospel to engage in party politics? 8. Which life is subjected to the greater hardship, the soldier's or 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 ? 12. Ought the Protective Policy or Pree-Trade Principles to pre- vail? 13. Which yields the higher entertainment, poetry or history? 14. Is it expedient to form colonies of convicts ? 15. Is universal suffrage expedient ? 16. Is the doctrine of human perfectibility true? \ 216 MISCELLANEOUS QUESTIONS. - 1*7. Can the immortality of the soul be proved from the light of nature alone ? 18. Can a man who has been unjustly condemned to death, in- nocently withdraw himself from the hands of the law ? 19. Ought gambling to be suppressed by law? 20. Do men suffer more, in this life, from real than from imaginary evils ? 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 ? <■&«*. Which exercises the greater influence upon mankind, hope or fear? 24. 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 Eoman Catholicism compatible with free institutions? 29. Would a repeal of the union between Ireland and England be 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 ? ,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 French at Rome just and ex- pedient? MISCELLANEOUS QUESTIONS. 217 - 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 ? 48. Is Infidelity on the increase ? 49. 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 ? 63. 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 govern*-- ents 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? 10 218 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? 76. Are the principles of the Peace Society worthy of our support? 77. "Which was the greatest historian, Hume, G-ibbon, or Niebuhr? 78. 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 supposed 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 Eoman 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 ? 4 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 the character of the young, the teacher or the preacher ? 97. Are the inequalities of rank and condition in society favorable to the advancement of learning ? MISCELLANEOUS QUESTIONS 219 98. Should an author rest his fame on few or on many books ? 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. "Winch 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 bishop" true? 115. Are the moderns superior to the ancients in poetry and eloquence ? 116. Ought theological seminaries to be encouraged? 11T. 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 ? 220 MISCELLANEOUS QUESTIONS. 126. Has the Smithsonian Fund been employed in a manner accord- ant with the intention of the donor ? 12V. "Would 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 ? 131. 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? 14*7. "Was the execution of the Earl of Essex justifiable ? 148. "Which is the greater discovery, that of the magnetio 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 G-eorge IV. prove beneficial to England ? i MISCELLANEOUS QUESTIONS. 221 151. 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 G-reat, 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 Fine Arts always conducive to virtuous principle ? 158. Have savages a full right to the soil? 159. Are political improvements better effected by rulers than by the people ? 160. Is the character of a nation affected by its climate? 161. Ought representatives to be bound by the will of their con- stituents ? 162. 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 ? 222 MISCELLANEOUS QUESTIONS. 177. Has the favor shown to great statesmen in this country been such as to encourage young men of talent to qualify themselves thoro. iiyfor high political position ? 178. jJ>s sectarianism done more to advance than to retard the interests of Christianity? 119. "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, 11 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? 185. Is the maxim, " Our country, right or wrong, 11 a justifiable one? 186. Do present appearances indicate the overthrow of the British empire ? 187. 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? X90. Ought parochial schools to be encouraged ? 191. Lo~? artue always insure happiness ?jW • 192. 2s> " ^"nYsii language . likely ever to be universally. prevalent ? 2uc '- - Sre \ " "" a prop-erty qualification to entitle one to hold a political offtc- ' MISCELLANEOUS QUESTIONS. 223 204. Ought the right of suffrage to he dependent upon any property qualification ? 205. May an oath, taken under circumstances of stress or deception, be violated without guilt ? 206. Ought man to be confined to an exclusively vegetable diet? 201. Does the Bible prohibit judicial oaths? 208. Is pride commendable ? 209. Ought the Missouri Compromise to have been abrogated? 210. Which is worse, a lad 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 Bevolution 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 office, 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 ? 226. Would it be a wise policy for the United States to establish a large and powerful navy ? 227. Should Universities be under the control of the State ? 228. Is English aristocracy of birth likely to continue a polujcal force ? 229. Are rents the causes of the high price of produce ? 230. Must the price of agricultural products rise with increase of wealth and population ? 224 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 ? 231. 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 XVIII., beneficial to that country ? 247. 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 Jefiersonian 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- clusively 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. 225 25*7. 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 have never seen service, a discouragement to the army ? 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 ? 10* 226 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. Is 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- fiable 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 Review," No. XXXIV., Art. III. MISCELLANEOUS QUESTIONS. 227 3 Of. 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, unfavorable 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 ? 31*7. 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 origkality, the Eine 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 fight of nature ? 330. Ought a representative always to be an inhabitant of the town or district represented ? 331. Which is preferable, city or country life ? 332. Is resistance to the constituted authorities in the State ever justifiable ? 228 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 ? 337. Is Madison more deserving our estimation than Hamilton? 338. Is 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 ? 34:1. 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 ? 35*7. 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. 229 362. Are short terms of political office desirable? 363. Which is the most prolific source of crime, poverty, wealth, or ignorance ? 364. Which is superior, as an intellectual gymnastic, a classical or a mathematical education ? ^^365. Is capital punishment justifiable ? 366. Should the main end of punishment be the reformation of the criminal or the prevention of crime ? 36*7. 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 uni- 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 ? 230 MISCELLANEOUS QUESTIONS. 389. Ought government officers to be confined exclusively to native citizens ? 390. Have Sir Walter Scott's writings been beneficial in their in- fluence ? 391. Is the system of American slavery more odious and unjust than Eussian 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 to common schools ? 395. Does proselytism favor the cause of truth ? 396. 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, "Everyman 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 human freedom been manifested ? 410. Was the political career of Oliver Cromwell beneficial to Great Britain ? 411. Is our country in more danger from external factions than from internal foes ? MISCELLANEOUS QUESTIONS. 231 412. Was the claim of Texas upon New Mexico invalid ? 413. Is the inebriate accountable to God for the crimes he commits while intoxicated ? 414. Which is the more effective in government, force or persuasion ? 415. Have false systems of religion caused more misery than false systems of government ? 416. Would an intuitive knowledge of all we are capable of com- prehending, contribute to increase our happiness beyond that of our present state ? 41 Y. Would an equalization of property conduce to the happiness of society? 418. Is not the rank held by women in a community the best test of the morals of that community ? 419. Is the Union likely to be perpetual ? 420. Will republicanism eventually supersede all other forms of government ? 421. Has the enthronement of Napoleon III. benefited France ? 422. Ought the French and English to have joined the Turks against Eussia ? 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 ? 42 1. Is a Eeciprocity 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, " Gogito, 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? 232 MISCELLANEOUS QUESTIONS. 43 f. 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 Gruizot ? 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 ? 44*7. 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? 45*7. 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 was admitted into intefbourse with the invisible world ? 462. Should monuments be erected to the illustrious dead? 463. Is liberty one of man's rights ? MISCELLANEOUS QUESTIONS. 233 464. Have pride and ambition caused more evil than ignorance and superstition ? 465. Are American churches the bulwark of liberty ? 466. 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 or imagination ? 471. Which have conferred the higher benefit on their country, the poets or prose writers 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? 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 wherein males and females are tanght together in the same classes. 234 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, u Irr Habile 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? 491. 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 or 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 character, 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 Vice-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 the warrior ? 515. Does morality advance equally with civilization ? 516. Is universal peace probable ? 511. Which was the greater orator, Demosthenes or Cicero? * An irascible race. MISCELLANEOUS QUESTIONS. 235 518. 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 nobles ? 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 Napoleon'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 he 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 ? -"531. 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 ? 53 1. "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 ? 236 MISCELLANEOUS QUESTIONS. 542. "Was there a greater field for eloquence in ancient than in modern times ? 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 ? 54*7 . 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? 557. "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 G-orgy, 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'?" 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 ? 567. "Which is the more destructive element, fire or water ? MISCELLANEOUS QUESTIONS. 237 668. 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 ? 670. 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 (here's a will, 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 ? 578. Are there more worlds than ono ? 579. Are early marriages conducive to the well-being of society ? 580. Is it a wise policy for Americans to send their children into foreign countries to be educated ? 581. Ought the right of church property to be vested exclusively in Bishops or any other ecclesiastical dignitaries ? 582. Which of the lower animals is the most useful to mankind ? SECTION XIV. FORMS 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 found 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, literal copies of the constitutions and by-laws of two societies now in successful operation. Of course, they are not given as models to be implicitly followed, but as forms to be altered, modified, and adapted to circumstances. It is wisdom to avail ourselves of the experience of others. * Sections IV. and V. AND BY-LAWS* OP THE YOUNG ME N'S AMERICAN SOCIAL AND DEBATING CLUB OF THE CITY OF NEW YORK PREAMBLE Wheeeas it is necessary, in order to fit ourselves for the varied duties of life, to cultivate a correct mode of speaking, and to qualify ourselves, by practice, to express our opinions in public, in a correct manner ; and, whereas the extension of our information upon all subjects calculated to improve the mind, is highly commendable, and, as experience has abundantly proved that these ends can in no other way be so speedily accomplished as by forming a Club for such a purpose; therefore, we, the undersigned, have or- ganized a Club, and have adopted for our government the following Constitution, By-Laws, Rules and Regu- tions. * We give, as before said, literal copies of these constitutions and by-laws : not feeling at liberty to alter either their language or their provisions, however much we might wish them, in some par- ticulars, to be otherwise. 240 FORMS OF A CONSTITUTION CONSTITUTION. ARTICLE I. NAME. This Club shall be known as the Young Men's American Social and Debating Club of the City of New- York. ARTICLE II. OBJECTS. The objects of this Club shall be the improvement of all connected with it, in debating, social advance- ment, and general literature. All questions bordering on immorality, or sectarian, shall be excluded. ARTICLE III. MEMBERSHIP. Clause 1. — None other than Americans, over the age of fifteen, and under the age of twenty -five, are eligible for membership. Clause 2. — Persons of any age may be elected Hon- orary Members of this Club, by a unanimous ballot ; but they shall not be entitled to hold office, nor to vote. ARTICLE IV. OFFICERS. The officers of this Club shall consist of a Presi- dent, Vice-President, Secretary and Treasurer, all of whom shall be voted for, separately, by ballot. ii h, FOE A LITERARY OR DEBATING SOCIETY. 241 ARTICLE V. DUTIES OF PRESIDENT. It shall be the duty of the President to preside at all meetings of the Club, and enforce a rigid observ- ance of the Constitution, By-Laws, Rules and Regula- tions of the Club ; appoint all Committees, unless otherwise ordered : see that the officers perform their respective duties ; inspect and announce the result of all ballotings, or other votes ; in all cases of balloting he shall be permitted to vote ; in other cases he shall not vote, except in case of a tie, when he shall give the casting vote : in balloting, if there should be a tie twice in succession, he shall then give the casting vote except in case of election of officers ; he shall neither make nor second any motion, neither shall he take part in any debate while in the chair ; to draw upon the Treasurer for all sums that may have been voted for; and to have a general superintendence of the business of the Club. ARTICLE VI. DUTIES OF VICE-PRESIDENT. It shall be the duty of the Vice-President to preside in the absence of the President, and perform the du- ties of that officer. ARTICLE VII. DUTIES OF SECRETARY. It shall be the duty of the Secretary to keep the minutes of the Club, notify candidates of their elec- '"tion, register the names of the members, issue all no- il 242 FOEMS OF A CONSTITUTION tices required, and perform such other duties pertaining to his office as may be required of him by the Club. At the first meeting in every month, he shall present a written report of the state of the Club ; and its doings during the past month. ARTICLE VIII. DUTIES OF TREASURER. It shall be the duty of the Treasurer to take care of all moneys and property belonging to the Club, and keep a written account of all moneys received or expended ; and, at the first meeting in every month, present a written report of the financial condition of the Club. ARTICLE IX. ELECTION OP OFFICERS. Clause l.< — All the officers of this Club shall be elected by ballot to serve a term of foua? months. Clause 2. — They shall be elected at the first regular meeting in January, May and September, and installed on the first regular meeting succeeding their election. Clause 3. — No person can be elected to an office, until he has been a member of this Club one month. Clause 4. — A majority of all legal votes cast shall be necessary to a choice. ARTICLE X. REMOVALS FROM OFFICE. Clause 1. — Should any officer or member of a com- mittee neglect or be found incompetent to discharge the FOB A LITEEAEY OR DEBATING SOCIETY. 243 duties of his office, he may be removed by a vote of three fourths of the members present. Clause 2. All places of absentees in committees may be filled by said committees. ARTICLE XI. AMENDM E NTS. No addition, alteration or amendment can be made to this Constitution — neither can any part of it be re- pealed, without a two-third vote of the Club, and one month's previous notice! BY-LAWS. ARTICLE I. MEETINGS. Sec. 1. — This Club shall assemble on the first and third Wednesdays of each month, unless otherwise ordered, for the promotion of its objects, arjd the transaction of its business. Sec. 2. — This club shall meet annually on the 22d of February, to celebrate the birth-day of the Father of our Country, at such place as the Club may direct. Sec. 3. — Special meetings may be called by the President, at the written request of five members. Sec. 4. — The hour of meeting from the first "Wed- nesday in April to the first Wednesday in September, shall be at eight o'clock P. M., and from the first Wednesday in September to the first Wednesday in April, at 1\ o'clock P. M. 244 FOKMS OF A CONSTITUTION ARTICLE II. QUORUM. At any meeting of the Club, two thirds of the mem- bers shall constitute a quorum. ARTICLE III. MEMBERSHIP. Sec. 1. — Members intending to propose a candidate for membership, shall submit his birthplace, name, age, residence and occupation to the Club. A com- mittee shall then be appointed by the chair, (not consisting of the person who proposed him,) said committee to visit the candidate personally, with the Constitution and By-Laws, and to report to the Club. Sec. 2. — After the report has been disposed of, the Club shall proceed to ballot for the candidate, and should two thirds of the ballot be for admission, he may be initiated (if present) at the same meeting. But should he not present himself for initiation within six weeks, (unless a sufficient reason be given,) his election shall become void. Sec. 3. — No candidate rejected shall be proposed again for membership within three months. Sec. 4. — Every candidate, upon being initiated, shall sign the Constitution and By-Laws of the Club, and thereby agree to support the same, and pay all legal demands against him as long as he remains a member. FOR A LITERARY OR DEBATING SOCIETY. 245 ARTICLE IV. INITIATIO N FEE. All persons initiated into this Club, shall pay the sum of fifty cents upon being initiated. No person shall be entitled to the privileges of a member, until said initiation fee is paid. ARTICLE V. DUES. Every member shall pay the sum of twenty-five cents monthly, in advance, into the treasury. ARTICLE VI. FINE S. The Chair shall have the power to impose the fol- lowing fines : Sec. 1. — Any member who shall, at the meetings, make use of any improper language, or refuse to obey the commands of the President when called to order, or be guilty of any disorderly conduct, shall be fined for each offense ten cents. Sec. 2. — If any member absent himself from the meetings two evenings in succession, unless a satis- factory excuse be given, he shall be fined ten cents. Sec. 3. — Any member who shall leave the Club be- fore closing, without permission from the President, shall be fined ten cents. Sec. 4. — If a member appointed to serve on a com- mittee neglects to attend to its duties, he shall, unless he presents a satisfactory excuse, be fined ten cents. 246 FOEMS OF A CONSTITUTION Sec. 5.- — Should the Secretary, Treasurer, or any officer, neglect to have at the meetings such books and papers belonging to the Club as may be necessary to use; or neglect to perform his duties, as laid down in the Constitution and By-Laws, he shall, unless a satisfactory excuse is given, be fined for each offense ten cents. Sec. 6. — Should a committee be hindered in the performance of its duty through the negligence of any officer, said officer shall be fined ten cents. Sec. 7. — If a member neglect to pay his fines or assessments within two weeks after being imposed, he shall be fined ten cents ; and for each additional week Jive cents. Sec. 8. — Should any member refuse 4o conform to the Eules of Debate, &c, he shall suffer such penalties as are there laid down. Sec. 9. — For such acts of negligence, and neglect of duty, as are not noticed in the above sections, the Chair, with the consent of the Club, may impose a fine not exceeding twenty-Jive cents. ARTICLE VII. APPEALS. Any member shall have the right, when fined, to appeal from the decision of the Chair to the meeting ; and, unless the Club sustain the position of the Chair, said fine shall be remitted. FOR A LITERARY OR DEBATING SOCIETY. 247 ARTICLE VIII. The Club may fine the President, while presiding, for any neglect of duty, ten cents. ARTICLE IX. ARREARAGES. Sec. 1. — No member in arrears for dues more than four weeks, or fines to the amount of fifty cents, shall be privileged to vote or speak on any question, until said arrearages are paid. Sec. 2. — Every member who shall refuse or neglect to pay his dues for the space of two weeks, shall be notified thereof by the Secretary, if practicable, and if, after four weeks thereafter, his account remains unsettled, he shall stand suspended ; and shall not be reinstated, until all dues and arrearages against him shall be paid. Sec. 3. — Any member who shall be in arrears to the Club to the amount of two dollars, shall be suspended ; and should his account remain unsettled four weeks thereafter, he shall be expelled. ARTICLE X. TAX. If the funds of this Club should, at any time, be ex- hausted, or inadequate to meet its demands, there shall be an equal tax upon each member to make up the deficiency. 248 FORMS OF A CONSTITUTION ARTICLE XI. SUSPENSION AND EXPULSION. Sec. 1. — Any member who shall refuse to conform to the Constitution, By-Laws, Eules and Eegulations of this Club, or be guilty of repeated disorderly con- duct, shall be subject to suspension or expulsion. Sec. 2. — When the motion for the expulsion of a member shall have been made, it shall be announced at two regular meetings previous to action being taken, when the accused shall be permitted to show reasons why he should not be expelled. If, however, two thirds of the members present vote in favor of the motion it shall be carried, and under no circumstances can it be reconsidered. Sec. 3. — Members expelled cannot be proposed again for membership, within one year. Sec. 4. — Any member who resigns from this Club, can not become a member again, until all dues, from the time he left the Club, be paid up in full. ARTICLE XII. AMENDMENTS. No addition, alteration, or amendment, can be made to these By-Laws ; neither can any part of them be repealed, without a two-third vote of the Club, and -one month's previous notice. FOR A LITERARY OR DEBATING SOCIETY. 249 RULES OF ORDER. Kule 1. — No question shall be stated, unless moved by two members, nor be open for consideration, until stated by the Chair. When a question is before the Club, no motion shall be received, except to lay on the table, the previous question, to postpone, to refer, or to amend, and they shall have precedence in the order, in which they are arranged. Eule 2. — When a member intends to speak on a question, he shall rise in his place, and respectfully address his remarks to the President, confine himself to the question, and avoid personality. Should more than one member rise to speak, at the same time, the President shall determine who is entitled to the floor. Eule 3. — Every member shall have the privilege of speaking twice on any question under consideration, but not oftener, unless by consent of the President ; and no member shall speak more than once, until any member wishing to speak shall have spoken. Eule 4. — The President, while presiding, shall state every question coming before the Club, and immedi- ately before putting it to vote, shall ask : " Are you ready for the question ?" Should no member rise to speak, he shall rise to take the question ; and after he has risen, no member shall speak upon it, unless by permission of the President. Eule 5. — The affirmative and negative of the ques- tion having been both put and answered, the President declares whether the affirmative or negative have it, 11* 250 FOKMS OF A CONSTITUTION being himself satisfied which is the greater ; but, if he be not, or if before any member enters or leaves the Club, a member shall rise and declare himself dissat- isfied with the President's decision, then the President shall divide the Club. Eule 6. — Any three members calling for the yeas and nays, they shall be ordered by the President, and recorded on the minutes. | Each qualified member present shall, when called upon for his vote, declare openly and without debate, his assent or dissent to the question, unless he be excused by the Club) Eule 7. — All questions, unless otherwise fixed by law, shall be determined by a majority of votes. Eule 8. — After any question, except one of indefi- nite postponement, has been decided, any member may move a reconsideration thereof, if done in two weeks after the decision. A motion for a reconsidera- tion the second time, of the same question, shall not be in order at any time. Eule 9. — Any two members may call for a division of a question, when the same will admit of it. Eule 10. — The President, or any member, may call a member to order, while speaking, when the debate must be suspended, and the member takes his seat until the question of order is decided. Eule 11. — The President shall preserve order and decorum ; may speak to points of order in preference to other members ; and shall decide all questions of order, subject to an appeal to the Club by any mem- ber ; on which appeal no person shall speak but the President, and the member called to order. Eule 12. — No motion or proposition on a subject FOR A LITERARY OR DEBATING SOCIETY. 251 different from that under consideration, shall be ad- mitted under color of an amendment. Eule 13. — Every motion shall be reduced to writ- ing, should the President, Secretary, or any two mem- bers desire it. Eule 14. — All Eesolutions, and Eeports of Com- mittees, shall be presented in writing, and signed by the members offering the same. Eule 15. — A majority of a Committee constitutes a quorum for the transaction of business. Eule 16. — An amendment to an amendment is in order, but not to amend an amendment to an amend- ment of a main question. Eule 17. — The previous question shall be put in this form, if seconded by a majority of the members present: " Shall the main question now be put?" If decided in the affirmative, the main question is to be put immediately, and all further debate or amendment must be suspended. Eule 18. — No subject laid on the table shall be taken up again on the same evening. Eule 19. — Members not voting shall be considered as voting in the affirmative, unless excused by the Club. Eule 20. — Any member offering a protest against any of the proceedings of this Club, may have the same, if in respectful language, entered in full upon the minutes. Eule 21. — No alteration can be made in these rules of order without a two -third vote of the Club, and one month's notice, neither can they be suspended but by a like vote, and for the evening only. 252 FOEMS OF A CONSTITUTION RULES OF DEBATE. Rule 1. — The following shall be the exercises for the promotion of the objects of the Club. On the first meeting in every month, the Club may choose one member who shall deliver a lecture, essay, or recita- tion. Rule 2. — On the evening for debating, the Presi- dent shall first state the subject, and the sides shall then speak alternately, if desiring ; the leader of the affirmative always opening the debate, and the leader of the negative always answering. The leader of the negative only shall close the debate. Rule 3. — In any debate, no person shall speak more than twice, without permission from the President, nor more than once, until every member wishing to speak shall have spoken. No member shall occupy the floor more than ten minutes. Rule 4. — The presiding officer shall decide all de- bates according to the merits of the arguments used by either side. Rule 5. — These rules may be altered or amended by a two-third vote of the Club ; written notice of the intended alteration or amendment having been given one month previous. ORDER OF BUSINESS, .' 1. Call to order. 2. Calling of the roll. FOR A LITERARY OR DEBATING SOCIETY. 253 3. Beading minutes of previous meeting. 4. Propositions for membership. 5. Eeports of special committees. 6. Balloting for candidates. 7. Eeports of standing committees. 8. Secretary's report. 9. Treasurer's report. 1 10. Eeadings for the evening. 11. Eecitations for the evening. 12. Candidates initiated. 13. Unfinished business. 14. Debate. 15. New business. 16. Adjournment. OF FRATERNAL COURTESY. It is particularly enjoined that the members of this Club treat each other with due delicacy and respect, and that all discussions be conducted with candor, spirit, moderation and open generosity, and that all personal allusions and sarcastic language, by which a brother's feelings may be hurt, be done away with and carefully avoided, that, in concord and good fel- lowship, we may cherish and preserve the prominent features of our Club, CONSTITUTION, JJg-Ccuns, anb lules of <©rber OF THE ADDISONIAN SOCIETY, OF THE CITY OF NEW YORK Preamble. 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 for 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." FOEMS OF A CONSTITUTION. 255 Article IT. — Officers. The Officers of the Association shall consist of a President, a Vice President, Eecording Secretary, Cor- responding Secretary, and Treasurer, who shall con- stitute a Board of Directors ; also two Tellers and an Edii r. Article III. — 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, aid Eules of Order ; to decide all questions of order offer for consideration all motions regularly made, apportion duties two weeks in advancelcall all special meetings, appoint all committees 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. Sec. 2. — In the absence of the President, the Yice President shall perform the duties of that officer, and shall be Chairman of the Board of Directors. Sec. 3. — The Eecording Secretary shall keep in a book, provided for the purpose, a record of the pro- ceedings of the Society ; also a record of the name and residence of each member, showing, when he was admitted, and when Jie 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. 256 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 Eoll 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 Eecording 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 the 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 Eeview." 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 Society, hold- ing meetings at least once a month. They shall de- cide upon all questions of debate offered in the Society, and shall examine and inquire into the standing of all persons proposed for membership, and at the next FOR A LITERARY OR DEBATING SOCIETY. 257 regular meeting, report the result to the Society, who shall determine upon their admission. 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 Society, by a unanimous vote at a regular meeting. He shall be 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 absence, nor called upon for the initiation fee or dues. 258 FOEMS OF A CONSTITUTION Article VI. — Amendments to Constitution, &c. Every proposed alteration, amendment or addition to this Constitution, 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 VLlT. — 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 10\. FOE A LITEEAEY OE DEBATING SOCIETY. 259 Sec. 2. Six members shall be necessary to consti- tute a quorum. Sec. 3. 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 : " I do hereby 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, Eecitations, &c. ■Sea. 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 260 FOEMS OF A CONSTITUTION duties, either in Essay or Kecitation, 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 minutes. Sec. 4. All communications intended for insertion in the " Addisonian Eeview," 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. 261 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 fined 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 262 FOEMS 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 "Vice 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 Yice 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. FOE A LITERARY OR DEBATING SOCIETY. 263 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 Eule 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 Eecita- tions delivered before the Society, provided he do not occupy more than five minutes. 15. Before taking the vote on any question, the President shall ask : " Are you ready for the ques- 264 FOKMS 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. TTERE we append, for convenience of reference, and ■*-*- as being what every American should know and understand, a copy (from the Manual prepared for the use of the United States House of Eepresentatives,) of the Constitution of the United States, the Amendments thereto, and several accompanying documents. 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 congrew. shall be vested in a Congress of the United 12 266 CONSTITUTION States, which shall consist of a Senate and House of Kepresentatives. SECTION II. Kepresentatives, how chosen. Qualification of Kepresentatives. Apportionment of Kepresentatives, 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. ISTo person shall be a Eepresentative 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 shall by law direct. The number of Eepresent- atives shall not exceed one for every thirty thousand, but each State shall have at least years. OF THE UNITED STATES. 267 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- ginia 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 ffllcd ' authority thereof shall issue writs of elec- tion to fill such vacancies. The House of Eepresentatives shall Kepresentatives choose their Speaker and other officers; bring impeach- i -i o • -I 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 the expiration of the sixth year ; so that 268 CONSTITUTION Vacancies, how filled. Qualifications of Senators. Vice President to preside. Officers of Senate. Trial of impeach- ments. Judgment in im- peachments. one third may be chosen every second 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. 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. The Yice President of the United States shall be President of the Senate, but shall have no vote unless they be equally di- vided. 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. 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 cases of impeachment shall not extend further than to removal from OF THE UNITED STATES. 269 office and disqualification to hold and en- joy any office of honor, trust, or profit Effect o£ 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- ing elections for Senators and Eepresenta- Elections, when • i • -i m i and how held. fives 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 shall congress assemble be on the first Monday in December, un- amm£ less they shall by law appoint a different day. SECTION V. Each house shall be the judge of the Elections, how elections, returns and qualifications of its own members, and a majority of each shall Quorum, 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 Absent members, manner, and under such penalties, as each house may provide. Each house may determine the rules of Rules, its proceedings, punish its members for 270 CONSTITUTION Expulsion. disorderly behavior, and with, the con- currence of two thirds, expel a member, journals to be kept Each house shall keep a -journal of its and published. ± ° proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the Yeas and nays, 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. Adjournments. 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 Kepresentatives 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. ISTo Senator or Eepresentative shall, during the time for which he was elected, be appointed to any civil office under the OF THE UNITED STATES. 271 authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during officers of govem- -, . • n _ _ _ . ment can not be such time; and no person holding any members, office under the United States, shall be a member of either house during his con- tinuance in office. SECTION VII. All bills for raising revenue shall origi- Kevenue bills, nate in the House of Eepresentatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the biiis to be pre- House of Eepresentatives and the Senate, President shall, before it become a law, be presented to the President of the United States ; if his powers oyer 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 272 CONSTITUTION Bms to be laws if the journal of each house respectively. days? e e 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 proved by the which the concurrence of the Senate and President. x _ ' _. . , House oi 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 Kepresentatives, 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 debt? asea_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. 273 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 ; melfml^ To provide for the punishment of coun- Counterfeiting, terfeiting the securities and current coin of the United States ; To establish post offices and post Post roads, roads ; To promote the process of science and Promote arts and *■ ± o 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 war, grant letters of marque Declare war and . .. . make captures. and reprisal, and make rules concerning captures on land and water ; To raise and support armies; but no Eaise armies, appropriation of money to that use shall be for a longer term than two years ; To provide and maintain a navy ; Navy. 12* 274 CONSTITUTION Euies and articles To make rules for the government and regulation of the land and naval forces ; Can out mmtia. 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 em militia. -...,.. , .,. , , „ disciplining the militia, and lor 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 by 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, senais, docks, &c arseBalS; 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 pow- ,-, % . , « ., ers into effect, the foregoing powers, and all other powers vested by this Constitution in the Govern- ment of the United States, or in any de- partment or officer thereof. OF THE UNITED STATES. 275 SECTION IX. The migration or importation of snch importation of persons as any of the States now existing tin isos. shall think proper to admit, shall not be prohibited by the Congress prior to \he 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 , ,, , ■* post facto laws. 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 dutv shall be laid on articles no exportation "' duty. exported from any State. No preference shall be given by any commerce 5 "1 ^ between the 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 in consequence oi appropn- treasury, ations made by law ; and a regular state- ment and account of the receipts and ex- 276 CONSTITUTION To be published, penditures of all public money shall be published from time to time. No nobmty. No title of nobilit y shall be granted by the United States : and no person holding any office of profit or trust under them, Foreign presents 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. and titles. SECTION X, Powers denied to 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. other powers de- No State shall, without the consent of nied to States. n _. , , 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. Further denial of No State shall, without the consent of powers to States. ~ n -, p , Congress, lay any duty 01 tonnage, keep troops or ships of war in time of peace, OF THE UNITED STATES.' 277 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 e 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 of 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 and vice n i i in -i President. sons, oi whom one^at least shall not be an 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 278 CONSTITUTION States, directed to the President of the Their votes count- Senate. The President of the Senate shall, ed in Congress. . 7 m the presence of the Senate and House of Eepresentatives, 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 Eepresentatives to equal number of votes, then the House of choose, if electors _ . _ n / . feii. Representatives 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 Yice 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 296. OF THE UNITED STATES. 279 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. ISTo person except a natural-born citizen, Qualification of . . » -i -r-r • -i « -i 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, „, . , , . . &c, of President. from office, or 01 his death, resignation, or inability to discharge the powers and du- ties of the said office, the same shall de- volve on the Yice President, and the Con- gress may by law provide for the case of removal, death, resignation, or inability, both of the President and Yice 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 President. 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 not receive within that period any other 280 CONSTITUTION emolument from the United States, or any of them. Before he enter on the execution of his office, he 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- of the President. , . p „ , ^ „ , TT . n chief oi 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. , -. , -, -. -, . . . M -. bassadors, other public ministers and con- OF THE UNITED STATES. 281 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 -,, , , , office. 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 III. He shall from time to time give to the Further po^rs Congress information of the state of the President. 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. 282 CONSTITUTION SECTION IV. impeachment. The President, Vice 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. ARTICLE III. SECTION I. Judiciary and ten- 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 continuance in office. SECTION II. Powers of the The judicial power shall extend to all judiciary. . J / . . _ . 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 which 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. 283 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 of the ,,. ... -i t i,i • Supreme Court public ministers, and consuls, and those m which a State shall be a party, 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 exceptions 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. SECTION 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 284 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 Full faith and credit shall be given in 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- The citizens of each State shall be en- zenship. -in „ . n n . titled to all privileges and immunities of citizens in the several States. Fugitives from A person charged in any State with ivered up. 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. Fugitive slaves to ]STo person held to service or labor in be delivered up. x 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. 285 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 states. 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 „ T* . . . r , States. each oi them against invasion, and, on application of the legislature, or of the Executive (when the legislature can not be convened), against domestic violence. 286 CONSTITUTION AETICLE V. Amendments of The Congress, whenever two-thirds of this Constitution. _ . . ° _ _' . _ _, both nouses snail deem it necessary, snail 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 All debts contracted and engagements ognized. entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the confederation. OF THE UNITED STATES. 287 This Constitution, and the laws of the what constitutes ' . the supreme law. United States which shall be made in pur- suance thereof, and all treaties made, or which shall be 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 thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Kepresentatives before _ th r ° a f p uMc 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 test 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 Ratification, 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- 288 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. John Langdon, Nicholas G-ilman. MASSACHUSETTS. Nathaniel G-orham, Eufus King. CONNECTICUT. William Samuel Johnson Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. "William Livingston, David Brearley, William Paterson, Jonathan Dayton. PENNSYLVANIA. B. Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons. Jared Ingersoll, James Wilson, Gouv. Morris. DELAWARE. George Read, Gunning Bedford, jun., John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. , James McHenry, Dan of St. Thomas Jenifer, Daniel Carroll. VIRGINIA. John Blair, James Madison, jun. NORTH CAROLINA. Wilham 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. PROCEEDINGS OF THE CONVENTION WHICH FOKMED THE CONSTITUTION IN CONVENTION. Monday, September 17, 1787. Resolved, That the preceding Constitution be laid before the United States in Congress assembled ; and that it is the opinion of this Convention that it should afterward be submitted to a convention of delegates, chosen in each State by the people thereof under the recommendation of its legislature, for their assent and ratification ; and that each convention assenting to and ratifying the same should give notice thereof to the United States in Congress assembled. Resolved, That it is the opinion of this Convention that, as soon as the conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same, and a day on which electors should assemble to vote for the President, and the time and place for commencing proceedings under this Consti- tution ; that after such publication, the electors should 290 PROCEEDINGS OF THE CONVENTION be appointed, and the Senators and Eepresentatives elected ; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed, and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled ; that the Senators and Eepresentatives should convene at the time and place assigned ; that the Senators should appoint a President of the Senate, for the sole purpose of re- ceiving, opening, and counting the votes for President ; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By the unanimous order of the Convention : GEO: WASHINGTON, President William Jackson, Secretary. LETTER OF THE CONVENTION TO THE OLD CONGRESS. in convention. Septembee 17, 1787. Sir: We have now the honor to submit to the consideration of the United States in Congress assem- bled, that Constitution which has appeared to us the most advisable. The friends of our country have long seen and de- sired that the power of making war, peace, and treaties ; that of levying money, and regulating commerce, and "WHICH FORMED THE CONSTITUTION. 291 the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union: but the impropriety of delegating such extensive trust to one body of men is evident; hence results the necessity of a different organization. It is obviously impracticable in the federal govern- ment of these States to secure all rights of independ- ent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance as on the object to be obtained. It is at all times difficult to draw with pre- cision the line between those rights which must be surrendered and those which may be reserved ; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situa- tion, extent, habits, and particular interests. In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American — the consoli- dation of our Union — in which is involved our pros- perity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Conven- tion to be less rigid on points of inferior magnitude than might have been otherwise expected ; and thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situa- tion rendered indispensable. 292 PROCEEDINGS OF THE CONVENTION That it will meet the full and entire approbation of every State, is not, perhaps, to be expected ; but each will doubtless consider that, had her interest been alone consulted, the consequences might have been particularly disagreeable or injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe. That it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. "With great respect, we have the honor to be, Sir, your Excellency's most obedient, humble serv- ants. By unanimous order of the Convention : GEO : WASHINGTON, President His Excellency the President of Congress. ■».».<». PROCEEDINGS IN THE OLD CONGRESS. UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28, 1787 Present. — New Hampshire, Massachusetts, Connecti- cut, New York, New Jersey, Pennsylvania, Delaware, Yirginia, North Carolina, South Carolina, and Georgia ; and from Maryland, Mr. Eoss. Congress having received the report of the Conven- tion lately assembled in Philadelphia — Resolved, unanimously f That the said report, with WHICH FOKMED THE CONSTITUTION. 293 the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the re- solves in the Convention made and provided in that case. CHAELES THOMSON, Secretary. 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. 295 ported by 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 } 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 jury 296 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. 297 tinct ballots the person voted for as Vice President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Yice 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 Yice 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 Yice President shall be the Yice President, if such, number be a majority of the whole number of electors appointed; and if no person have a majority, then 13* 298 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 Yice President of the United States. INDEX • TO THE CONSTITUTION OF THE UNITED STATES. A. Art. Sec. Page Arts and Sciences, to be promoted 1 8 273 Acts, records, and judicial proceedings of each State en- titled to faith and credit in other States 4 1 284 Amendments to the Constitution, how made 5 1 286 made 294 Appointments, to be made by the President 2 2- 289 Apportionment of Representatives 1 2 266 Appropriations by law 1 9 275 Appropriation for army not to exceed two years 1 8 273 Armies, Congress to raise and support 1 8 273 Arms, right of the people to keep and bear 294 Assemble, people may 294 Attainder, bill of, prohibited to Congress 1 9 275 prohibited to the States 1 10 276 of treason shall not work corruption of blood or forfeiture, except during the life of the person attainted 3 3 284 B. Bail, excessive, not required 296 Bankruptcy laws to be uniform 1 8 273 Bills for raising revenue shall originate in the House of Representatives 1 7 271 800 INDEX TO THE CONSTITUTION. Art. Sec. Page Bills, before they become laws, shall be passed by both houses and approved by the President ; or, if dis- approved, shall be passed by two-thirds of each house 1 1 211 not returned in ten days, unless an adjournment in- tervene, shall be laws 1 1 212 Borrow money, Congress may 1 8 212 C. Capitation tax, apportionment of 1 9 215 Census, or enumeration, to be made every ten years 1 2 266 Citizens of each State shall be entitled to the privileges and immunities of citizens in the several States 4 2 284 Claims, no prejudice to certain 4 3 285 of the United States, or of the several States, not to be prejudiced by any construction of the Con- stitution 4 3 285 Coasting trade, regulation respecting 1 9 215 Coins, Congress fix value of foreign 1 8 213 Commerce, Congress to regulate 1 8 213 regulations respecting, to be equal and uni- form 1 9 215 Commissions to be granted by the President 2 3 281 Common law recognized and established, 1th amendment . . 295 Congress vested with power 1 1 265 may alter the regulations of State legislatures concerning elections of Senators and Eepre- sentatives, except as to place of choosing Sen- ators 1 4 269 shall assemble once every year 1 4 269 officers of government can not be members of . . 1 6 211 may provide for cases of removal, death, &c, of President and Vice President 2 1 219 may determine the time of choosing electors of President and Vice President 2 1 219 may invest the appointment of inferior officers in the President alone, in the courts of law, or the heads of departments 2 2 281 INDEX TO THE CONSTITUTION. 301 Art Sec. Page Congress may establish, courts interior to the Supreme Court 3 1 282 may declare the punishment of treason 3 3 283 may prescribe the manner of proving the acts and records of each State 4 1 286 to assent to the formation of new States 4 3 285 may propose amendments to Constitution or call a convention 5 1 286 to lay and collect duties 1 8 272 to borrow money 1 8 212 to regulate commerce 1 8 273 to establish uniform laws of bankruptcy and naturalization 1 8 213 to coin money, regulate the value of coin, and fix a standard of weights and meas- ures 1 8 273 to punish counterfeiting 1 8 2*73 to constitute tribunals inferior to the Supreme Court 1 8 273 to define and punish piracies, felonies on the high seas, and offenses against the laws of nations ■ 1 8 273 to establish post offices and post roads 1 8 273 to authorize patents to authors and inventors. . . 18 273 to declare war, grant letters of marque, and make rules concerning captures 1 8 273 to raise and support armies 1 8 273 to provide and maintain a navy 1 8 273 to make rules for the government of the army and navy 1 8 274 to call out the militia in certain cases 1 8 274 to organize, arm, and discipline militia 1 8 274 to exercise exclusive legislation over seat of gov- ernment 1 8 274 to pass laws necessary to carry the enumerated powers into effect 1 8 274 to dispose of and make rules concerning the territory or other property of the United States 4 3 285 302 INDEX TO THE CONSTITUTION. Art. Sec Page Congress, President may convene and adjourn, in certain cases 2 3 281 Constitution, how amended 5 1 286 laws, and treaties to be declared the supreme law 6 1 28? rendered operative by the ratification of nine States 1 1 281 Contracts, no law impairing 1 10 2*76 Conventions for proposing amendments to the Constitu- tion 5 1 286 Counterfeiting, Congress to provide for punishment of . . . . 1 8 213 Court, Supreme, its original and appellate jurisdiction. ... 3 2 283 Courts inferior to the Supreme Court may be ordained by Congress 1 8 213 Ditto ditto 3 1 282 Crimes, persons accused of, fleeing from justice, may be demanded 4 2 284 how to be tried 3 2 280 Criminal prosecutions, proceedings in cases of. 295 D. Debts against the confederation to be valid. 6 1 286 Duties to be laid by Congress, and to be uniform 1 8 212 further provision respecting 1 9 215 can not be laid by the States 1 10 216 on exports prohibited 1 9 215 on imports and exports imposed by States shall inure to the treasury of the United States 1 10 216 E. Elections of Senators and Eepresentatives shall be pre- scribed by the States 1 4 269 qualifications and returns of members of Con- gress to be determined by each house I 5 269 Electors of President and Vice President, how chosen, and their duties 2 1 211 altered (see twelfth amendment) 296 to vote the same day throughout the United / States 2 1 219 INDEX TO THE CONSTITUTION. 303 Art. Sec. Page Electors, no Senator, or Eepresentative, or public officer, shall serve as 2 1 277 Enumeration every ten years 1 2 266 Executive power vested in a President (see President). . . . 2 1 211 Exports not to be taxed 1 9 2*75 and imports, States prohibited from laying du- ties on 110 276 Ex post facto law, none shall be passed 1 9 215 prohibited to States 1 10 276 F. Fines, excessive, prohibited 296 Fugitives from justice to be delivered up 4 2 284 from service may be reclaimed 4 2 284 H. Habeas corpus, writ of, can only be suspended in cases of rebellion or invasion 1 9 275 Bouse of Representatives. (See Representatives.) I. Impeachment to be brought by House of Representa- tives 1 2 267 tried by the Senate 1 3 268 judgment on 1 3 268 All civil officers liable to 2 4 282 Importation of slaves, not prohibited till 1808 1 9 275 J. Judges shall hold their offices during good behavior. ... 3 1 282 their compensation 3 1 282 Judiciary — tribunals inferior to Supreme Court may be created 1 8 273 Judicial power vested in a Supreme Court and courts in- ferior 3 1 282 powers of the judiciary 3 2 282 restriction as to suits against a State 296 Judicial proceedings of each State are entitled to faith and credit in every State 4 1 284 304 INDEX TO THE CONSTITUTION. Art. Soc. Page Jury trial secured, and shall be held in the State where the crime shall have been committed 3 2 283 further regulated, (6th amendment) 295 secured in suits at common law where the value in controversy shall exceed twenty dollars, (1th amendment) 295 L. Law, what is declared the supreme 6 1 281 common, recognized and established, (1th amend- ment) • 295 Laws, President to see them faithfully executed 2 3 281 Legislative powers vested in Congress. (See Congress.) Loans, authority to make 1 8 212 M. Marque and reprisal, letters of 1 8 213 Militia to be called out 1 8 214 to be officered by the States 1 8 214 to be commanded by the President 2 2 280 their right to keep and bear arms secured, (2d amendment) 294 Money shall be drawn from the treasury only by appro- priation laws 1 9 215 Congress to coin and regulate value of. 1 8 213 States can not make 1 10 216 K. Naturalization, uniform rules of. 1 8 213 Navy, Congress to provide and govern 1 8 213 Nobility, titles of, shall not be granted by the United States 1 9 216 nor by the States 1 10 216 0. Officers of the House of Representatives shall be chosen by the House „ 1 2 261 of the Senate shall be chosen by the Senate 1 3 268 civil, may be removed by impeachment 2 4 282 INDEX TO THE CONSTITUTION". 305 Art. Sec. Page Order of one house requiring the concurrence of the other 1 7 272 Oath of the President 2 1 280 of the public offioers 6 1 281 P. Pardons, President may grant 2 2 280 Patents to be granted to inventors 1 8 273 Petition, right of. 294 Persons held to service or labor, their importation or mi- gration into the United States may be prohib- ited after 1808 19 275 escaping from one State to another shall be delivered up to those entitled to service 4 2 284 Piracy, Congress to prescribe punishment for 1 8 273 Post offices and post roads, establishment of 1 8 273 Powers not delegated to Congress nor prohibited to the States are reserved, (10th amendment) . . 296 legislative. (See Congress.) executive. (See President.) judicial. (See Judicial.) Presents from foreign powers to public officers prohib- ited 1 9 276 Press, freedom of. 294 President of the United States vested with the executive power 2 1 277 shall be chosen for four years 2 1 277 how elected 2 1 277 same, (12th amendment). . . 296-7 qualifications for 2 1 279 who shall act in case of vacancy 2 1 279 compensation of 2 1 279 shall take an oath of office 2 1 280 may be removed by im- peachment 2 4 282 President, commander of army, navy, militia 2 2 280 306 INDEX TO THE CONSTITUTION. Art. Sec. Page President may require the written opinions of the heads of departments 2 2 280 may reprieve and pardon 2 2 280 may make treaties with consent of the Senate. . 2 2 280 may appoint to office with consent of the Senate 2 2 280 shall fill up vacancies happening during the re- cess of the Senate 2 2 281 shall give information to Congress and recom- mend measures 2 3 281 may convene both houses, or either house '. 2 3 281 may adjourn them in case of disagreement. ... 2 3 281 shall receive ambassadors and public minis- ters. 2 3 281 shall take care that the laws be faithfully ex- ecuted 2 3 281 shall commission all officers 2 3 281 Privileges and immunities of members of Congress 1 6 2 TO of citizens. (See Citizens, also Eights.) Property, Congress to provide for care of public 4 3 285 shall not be taken for public use without just compensation, (5th amendment) 295 Punishments, cruel and unusual, prohibited 296 Q. Quorum for business, what shall be a 1 5 269 of States in choosing a President by the House of Representatives 2 1 278 Quartered — no soldier to be quartered on a citizen 294 R. Receipts and expenditures, accounts of, to be published. . 1 9 2*75 Records, how to be authenticated 4 1 284 Religion — no law to be made — free exercise of. 294 religious test not required 6 . 287 Reprieves granted by the President 2 2 280 Representatives, House of, composed of members chosen every second year 1 2 266 qualifications of voters 1 2 266 INDEX TO THE CONSTITUTION. 307 Art Sec. Page Representatives, House of, qualifications of members 1 2 266 apportionment of 1 2 266 vacancies, how supplied 1 2 267 shall choose their officers 1 2 267 shall have the power of im- peachment 1 2 267 shall be the judge of the election and qualifications of its mem- bers 1 5 269 what shall be a quorum 1 5 269 any number may adjourn, and compel the attendance of ab- sentees 1 5 269 may determine the rules of pro- ceeding 1 5 269 may punish or expel a member. 1 5 269 shall keep a journal and publish the same 1 5 270 shall not adjourn for more than three days, nor to any other place, without the consent ot the Senate 1 5 270 one-fifth may require the yeas and nays 1 5 270 shall originate bills for raising revenue 1 7 271 compensation to be ascertained bylaw 1 6 270 privileged from arrest, except in certain cases 1 6 270 Representatives shall not be questioned for speech or debate in the House 1 6 270 shall not be appointed to office 1 6 270 shall not serve as electors of Presi- dent 2 1 277 and direct taxes apportioned according to numbers 1 2 266 Representation of a State, vacancies in, supplied until a new election by executive authority 1 2 267 308 INDEX TO THE CONSTITUTION. Art. Sea Page Resolution, order, or vote, requiring the concurrence of both, houses, to undergo the formalities of bills 1 1 212 Revenue hills to originate in the House of Represent- atives 1 1 211 Rights of the citizen declared to be — privileges of citizens of the several States 4 2 284 liberty of conscience in matters of religion 294 freedom of speech and of the press. . . . 294 to assemble and petition 294 to keep and bear arms 294 to be exempt from the quartering of soldiers 294 to be secure from unreasonable searches and seizures 294 to be free from answering for a crime, unless on presentment or indict- ment of a jury 295 not to be twice jeoparded, for the same offense 295 not to be compelled to be a witness against himself 295 not to be deprived of life, liberty, or property, without due course of law 295 private property not to be taken for public use 295 in criminal prosecutions, shall enjoy the right of a speedy trial by jury, with all the means necessary for his defense 295 in civil cases, trial to be by a jury, and shall only be reexamined ac- cording to common law 295 excessive bail shall not be required, excessives fines imposed, nor cruel or unusual punishments inflicted. . . . 296 INDEX TO THE CONSTITUTION". 309 Art Sec. Pago Bights of the citizen, enumeration of certain rights shall not operate against retained rights . . 296 Rules, each house shall determine its own 1 5 269 s. Seat of government, exclusive legislation 1 8 274 Searches and seizures, security against 294 Senate, composed of two Senators from each State 1 3 26? how chosen, classed, and terms of service 1 3 26? qualifications of Senators 1 3 268 Vice President to be President of the 1 3 268 shall choose their officers 1 3 268 shall be the judges of the elections and qualifica- tions of its members 1 5 269 what number shall be a quorum 1 5 269 any number may adjourn, and compel attendance of absentees 1 5 269 may determine its rules 1 5 269 may punish or expel a member 1 5 269 shall keep a journal, and publish the same, except parts requiring secrecy 1 5 2*70 shall not adjourn for more than three days, nor to any other place, without the consent of the other house 1 5 270 one-fifth may require the yeas and nays 1 5 270 may propose amendments to bills for raising rev- enue 1 7 271 shall try impeachments 1 3 268 effect of their judgment on impeachment 1 3 268 compensation to be ascertained by law 1 6 270 privileged from arrest 1 6 270 not questioned for any speech or debate 1 6 270 shall not be appointed to office 1 6 270 Senator shall not be an elector 2 1 277 Senators and Representatives, elections of, how pre- scribed 1 4 269 Slaves, their importation may be prohibited after 1808. . . 19 275 escaping from one State to another may be re- claimed 4 2 284 310 INDEX TO THE CONSTITUTION. Art. Sea Page Soldiers not quartered on citizens 294 Speaker, how chosen 1 2 267 Speech, freedom of. 294 States prohibited from — entering into treaty, alliance, or con- federation 110 2T6 granting letters of marque 110 276 coining money 1 10 2*76 emitting bills of credit 1 10 276 making any thing a tender but gold and silver coin 1 10 276 passing bills of attainder, ex post facto laws, or laws impairing contracts. . . 1 10 276 granting titles of nobility 110 216 laying duties on imports and exports. . 1 10 276 laying duties on tonnage 1 10 276 keeping troops or ships of war in time of peace 1 10 276 entering into any agreement or con- tract with another State or foreign power 1 10 277 engaging in war 1 10 277 States, new, may be admitted into the Union 4 3 285 may be formed within the jurisdiction of others, or by the junction of two or more, with the consent of Congress and the legislatures con- cerned 4 3 285 State judges bound to consider treaties, the Constitution, and the laws under it, as supreme 6 . 287 State, every, guarantied a republican form of government, protected by the United States 4 4 285 Supreme Court. (See Court and Judiciary.) Suits at common law, proceedings in 295 T. Tax, direct, according to representation * . . . . 1 2 266 shall be laid only in proportion to census. ... 1 9 275 Tax on exports prohibited 1 9 275 INDEX TO THE CONSTITUTION. 311 Art. Sec. Page Tender, wh&t shall be a legal...-. 1 10 276 Territory or public property, Congress may make rules concerning 4 3 285 Test, religious, shall not be required 6 . 287 Titles. (See Nobility.) Title from foreign states prohibited 1 9 276 Treason, denned 3 '3 283 two witnesses, or confession, necessary for con- viction 3 3 283 punishment of, may be prescribed by Con- gress 3 3 283 Treasury, money drawn from, only by appropria- tion 1 9 275 Treaties, how made 2 2 280 the supreme law 6 . 287 can not make 1 10 276 Vacancies happening during the recess may be filled tem- porarily by the President 2 2 281 in representation in Congress, how filled 1 2 267 Veto of the President, effect of, and proceedings on 1 7 271 Vice President of the United States to be President of the Senate 1 3 268 how elected 2 1 278 amendment 296-7-8 shall, in certain cases, discharge the duties of President 2 1 279 may be removed by im- peachment 2 4 282 Vote of one house requiring concurrence of the other. ... I 7 271 w. War, Congress to declare 1 8 273 Warrants for searches and seizures, when and how they shall issue, (4th amendment). . * 294 312 INDEX TO THE CONSTITUTION. Art. Sec. Page Witness, in criminal cases, no one compelled to be, against himself, (5th amendment) 295 Weights and measures, standard of. 1 8 213 y. Yeas and nays entered on journal 1 5 270 THE END. AN 2 1 1924 Deacidified using the Bookkeeper process. Neutralizing agent: Magnesium Oxide Treatment Date: Nov. 2007 PreservationTechnoIogies A WORLD LEADER IN COLLECTIONS PRESERVATION 111 Thomson Park Drive Cranberry Township, PA 1 6066 (724)779-2111