Part 12 (1/2)

No great while after the adoption of the original Const.i.tution, North Carolina ceded to the Federal Government the country now const.i.tuting the State-of Tennessee; and a few years later Georgia ceded that which now const.i.tutes the States of Mississippi and Alabama. In both deeds of cession it was made a condition by the ceding States that the Federal Government should not prohibit slavery in the ceded country. Besides this, slavery was then actually in the ceded country. Under these circ.u.mstances, Congress, on taking charge of these countries, did not absolutely prohibit slavery in them. But they did interfere with it--take control of it----even there, to a certain extent. In 1798 Congress organized the Territory of Mississippi. In the act of organization they prohibited the bringing of slaves into the Territory from any place without the United States, by fine, and giving freedom to slaves so brought. This act pa.s.sed both branches of Congress without yeas and nays. In that Congress were three of the ”thirty-nine” who framed the original Const.i.tution. They were John Langdon, George Read, and Abraham Baldwin. They all probably voted for it. Certainly they would have placed their opposition to it upon record if, in their understanding, any line dividing local from Federal authority, or anything in the Const.i.tution, properly forbade the Federal Government to control as to slavery in Federal territory.

In the end this exact statement of names, for which he had prepared himself with such laborious care, enabled Lincoln to sum up with absolute conclusiveness:

The cases I have mentioned are the only acts of the ”thirty-nine,” or of any of them, upon the direct issue, which I have been able to discover.

To enumerate the persons who thus acted as being four in 1784, two in 1787, seventeen in 1789, three in 1798, two in 7804, and two in 1819-1820, there would be thirty of them. But this would be counting John Langdon, Roger Sherman, William Few, Rufus King, and George Read each twice, and Abraham Baldwin three times. The true number of those of the ”thirty-nine” whom I have shown to have acted upon the question which, by the text, they understood better than we, is twenty-three, leaving sixteen not shown to have acted upon it in any way.

Here, then, we have twenty-three out of our thirty-nine fathers ”who framed the government under which we live,” who have, upon their official responsibility and their corporal oaths, acted upon the very question which the text affirms they ”understood just as well, and even better, than we do now”; and twenty-one of them--a clear majority of the whole ”thirty-nine”--so acting upon it as to make them guilty of gross political impropriety and willful perjury if, in their understanding, any proper division between local and Federal authority, or anything in the Const.i.tution they had made themselves, and sworn to support, forbade the Federal Government to control as to slavery in the Federal territories. Thus the twenty-one acted; and, as actions speak louder than words, so actions under such responsibility speak still louder.

When you come to evidence about a large and complex state of affairs, which is the kind of fact that so many of the arguments of practical life deal with, though you will still be dealing with a fact, yet the very nature of the fact changes the value and the character of your evidence. It is a comparatively simple matter to determine whether a certain woman faced forward or backward as she was getting off a street car, or whether the eggs of a sea urchin do or do not begin to germinate under the influence of a certain chemical substance; but it is far from simple to determine whether a free elective course has or has not inured to greater intelligence and cultivation in the graduates of a certain college, or whether the graduates of another college where the cla.s.sical course is maintained have keener and more flexible minds and more refined tastes as a result of their study of the cla.s.sics. In such cases as these the citing of direct evidence brings on you difficulties of a different kind from those you face when you are establis.h.i.+ng a single, simple fact. Here you will usually depend on two main sources of evidence: statistics, and the evidence of recognized authorities on the subject.

30. Statistics. Statistics, which are collections of figures, are notoriously treacherous. On many important subjects, such, for example, as the practical effect of the elective system, it is impossible to get them; and on many other subjects, such as the effects of a protective tariff, they must be had in so enormous ma.s.ses, if they are to be trusted at all, that only profound students can handle them. Where the facts are complicated, and interests are tangled, moreover, many sets of figures may enter into the question, as notably in the case of a tariff; so clearly is this difficulty now recognized that Congress has authorized a tariff board made up of distinguished students of economics and men of long experience in dealing with tariff matters to collect and study the facts and make recommendations based on them. Similarly, with the investigation into the liquor question made fifteen years ago by the Committee of Fifty: the whole question had been so tangled by a.s.sertion and counter-a.s.sertion that it became desirable to have an investigation into the facts by men of recognized ability and impartiality.[20]

In general, to use statistics safely you need a wide acquaintance with a subject, especially where the question is in any way mixed up with men's feelings, whether through politics or not. All the statistics we have make dead against great armaments and preparation for war; yet while human nature is what it is, necessary prudence seems to require every nation of any size to have them. A very little human nature will upset a very great body of statistics. Furthermore, in most human affairs results are produced by a multiplicity of causes; and though statistics may throw light on three quarters of all the causes that are potent in any given case, yet the other quarter which are irreducible to definite statement may wholly alter the result. If you are using statistics in your argument, therefore, as evidence of some large and complex fact, you should usually justify them to some extent by showing that there are no counteracting forces which they do not cover.

With this precaution, however, statistics are the foundation of most arguments on large questions. If you were arguing in favor of the purchase of local waterworks, you would present figures showing the number of houses using the public water supply, the rates paid, the profits of the company, the exact points at which public control could work economies. If you were arguing for a rule that no man shall play on a university team until he has been registered a year at the university, you would need statistics to show how many men would be affected by the rule. If you were arguing for a single session at a school instead of two, you would show exactly how many students in the school live more than a mile away from the building. In every case where statistics can be presented in such a way as to make clear that they fairly cover the ground, they are most valuable evidence. They give the argument the effect of being founded on a rock. If it be obvious that the statistics have been freshly gathered, and are not merely casual and second-hand gleanings, they have still greater effect, for then they have a secondary force in testifying to the personal knowledge that the witness has of the subject. We shall see later the danger of the fallacy of generalizing on too narrow a basis: a generalization based on a good body of statistics runs no danger of this fallacy.

31. The Opinion of Recognized Authorities. The other chief source of evidence to establish a fact which consists of a large and complex state of affairs is the opinion of recognized authorities on the subject. The strength of such evidence depends on whether the audience will accept the person you cite as having authority on the matter. Most of us read some newspaper or periodical in the opinions of which we have confidence, because they seem to be based on investigation and competent knowledge. The annual report of the Secretary of the Treasury is excellent evidence on the state of the national finances. The reports of presidents of colleges are excellent evidence from authorities on such questions as the value of the elective system or the effect of raising the standard of admission. The report of a dean or of a schoolmaster on the value of organized athletics is effective if the audience knows that he likes out-of-door sports and takes time to see the games. Evidence drawn from an authority who is likely to be used by the other side is doubly effective, since your readers recognize that his competence is admitted.

If a man has given his life to the study of a subject and has published books that are of recognized authority, his evidence will be of especial weight. Mr. Bryce's opinion on all questions concerning a state of affairs in this country would be recognized at once as weighty, for he has given time and study to collecting the mult.i.tude of small facts which const.i.tute the large fact. His opinion that political honesty is increasing with us has brought comfort to many good citizens who had grown despondent over the accounts of recurrent rascality in the newspapers and magazines. This is a typical case for the citation of authorities; for the facts are enormous in number, very widely scattered, and often contradictory. Only a man who has taken the pains to keep himself constantly informed, whose judgment has been trained by long consideration and comparison of the facts, and who is born with the judicial temperament can attain the authority of Mr. Bryce.

There will be cases on which you will have the right to put yourself forward as an authority, for on many subjects which fall within the range of undergraduates their knowledge is first-hand. On all questions of athletics, especially, an undergraduate is apt to have freshly in mind a considerable ma.s.s of facts. In the same way, on the results of certain requirements for admission to college, you can speak from recent experience. In matters concerning your own city, too, you may have original knowledge.

If you are going to put yourself forward as an authority, however, you must round out your knowledge of the facts by extending it beyond your own personal experience. If it is a question of entrance requirements, you cannot stop with your own experience, or even with that of your own cla.s.s at school. You must go back to the records of a number of cla.s.ses before and perhaps after your own, and talk them over with the princ.i.p.al of the school, to see whether there are any special circ.u.mstances which affect any of them. If you are arguing for or against a change in the present rules of football, you would have to go beyond the games of your own college team, and beyond those of the present season. If, for example, it were a question of amending the rules concerning the forward pa.s.s, you could not speak with full authority unless you had looked up the accounts of the princ.i.p.al games for two or three years at any rate.

If you put yourself forward, then, as a witness on one of these cases of complicated facts, you must make it clear to your readers that you have a right to be considered such. If you have the right, it would be folly to hide your light under a bushel.

An example of the care which is taken by men who have made themselves authorities on their subjects is to be found in the following pa.s.sage from President Eliot's address, ”A Wider Range of Electives in College Admission Requirements.”[21] Notice how broad a basis he lays for his conclusions both in facts and in the opinions of other authorities.

What should be the grounds of a just valuation of all the subjects that can be presented at admission examinations which include numerous options?

That question introduces us to a difficult inquiry. It is, of course, not an intelligent method to attribute a value to each subject in accordance with the time devoted to the examination in that subject.

What clue have we toward a better mode of determining the value which ought to be attributed to each of the numerous electives, when the young men cannot present all the permitted subjects, and hardly three fifths of them, indeed, if the range is adequately widened? I believe that the best criterion for determining the value of each subject is the time devoted to that subject in schools which have an intelligent program of studies. The Committee of Ten[22]

examined the number of subjects used in about two hundred of the best secondary schools in this country, and the time-allotments for the several subjects. They found a great variety of practice as to both selection of subjects and time-allotments. You can hardly say that there is an accepted time-allotment in these secondary schools for any subject--not even for the old traditional subjects. The time-allotments differ widely in different parts of the country, and even in different schools in the same part of the country. If, then, we are to determine by school time-allotments the valuations of the different subjects, prescribed and elective, which may enter into admission examinations, we must have some sort of standard programs for secondary schools. At present (1896) I know no programs which can answer that purpose, except the provisional programs of the Committee of Ten.

They may fairly be said to be the best-studied programs now before the country, and to represent the largest amount of professional consent, simply because they are the result of the work, first, of ninety school and college teachers, divided into nine different conferences by subject, and secondly, of ten representative teachers combining and revising the work of the conferences, with careful reference to the present condition of American schools.

32. Indirect Evidence. The term ”indirect evidence” may be used for all evidence as to fact in which reasoning consciously plays a part.

Without it we should be helpless in large regions of our intellectual life, notably in science and history, and constantly in everyday life.

Clearly the line between direct and indirect evidence is vague and uncertain; it is one of the first things learned in psychology that our perceptions and judgments of things about us are almost never based exclusively on the testimony of our senses, and that we are all the time jumping to conclusions from very partial observations.

Professor Munsterberg gives the following example from his own experience of this unintentional subst.i.tution of indirect evidence for direct:

Last summer I had to face a jury as witness in a trial. While I was with my family at the seash.o.r.e my city house had been burglarized and I was called upon to give an account of my findings against the culprit whom they caught with part of the booty. I reported under oath that the burglars had entered through a cellar window, and then described what rooms they had visited. To prove, in answer to a direct question, that they had been there at night, I told that I had found drops of candle wax on the second floor. To show that they intended, to return, I reported that they had left a large mantel clock, packed in wrapping paper, on the dining-room table. Finally, as to the amount of clothes which they had taken, I a.s.serted that the burglars did not get more than a specified list which I had given the police.

Only a few days later I found that every one of these statements was wrong. They had not entered through the window, but had broken the lock of the cellar door; the clock was not packed by them in wrapping paper, but in a tablecloth; the candle droppings were not on the second floor, but in the attic; the list of lost garments was to be increased by seven more pieces; and while my story under oath spoke always of two burglars, I do not know that there was more than one.[23]

Constantly in everyday life we make offhand a.s.sertions in the full belief that we are giving direct evidence, when as a matter of fact we are announcing inferences. The distinction is of importance in many ways, and not least as a means of avoiding heat in argument; for to question a man's inference is much less likely to make him angry than to deny his statement of fact.

For the practical purposes of argument we may let the distinction between observation and inference, and consequently that between direct and indirect evidence, turn on whether the inference is a conscious and readily distinguishable part of the judgment or not. Though bringing to light an unconscious inference is often an essential part of the detection of false reasoning, where there is no such practical consequence, we need not be too curious here about the line between direct observation and inference from observation. For the rough and ready purposes of everyday arguments it is exact enough to say that where you recognize that you are basing your conclusion as to a fact on some process of reasoning, then you are resting on indirect evidence; where you do not recognize the inference without reflection, you are resting on direct evidence.

In the following discussion of reasoning I shall sometimes be dealing with proving a fact, sometimes with arguing forward to a policy. In many cases the two processes are practically identical, for if the fact is established the policy follows as a matter of course: in these cases, therefore, for the sake of convenience I shall use the terms interchangeably, and keep them separate only where there is danger of confusion.