Practical Argumentation

by George K. Pattee

To recapitulate what has been said, we maintain, first, that the Constitution, by its grants to Congress and its prohibitions on the States, has sought to establish one uniform standard of value, or medium of payment. Second, that, by like means, it has endeavored to provide for one uniform mode of discharging debts when they are to be discharged without payment. Third, that these objects are connected, and that the first loses much of its importance, if the last, also, be not accomplished. Fourth, that, reading the grant to Congress, and the prohibition on the States together, the inference is strong that the Constitution intended to confer exclusive power to pass bankrupt laws on Congress. Fifth, that the prohibition in the tenth section reaches to all contracts, existing or future, in the same way that the other prohibition in the same section extends to all debts existing or future. Sixth, that, upon any other construction, one great political object of the Constitution will fail of its accomplishment. [Footnote: The Case of Ogden and Saunders. Webster's Great Speeches, page 188. Little, Brown & Co.]

In this conclusion, it will be noticed, there is no persuasion. Apparently the subject was of such a nature that only clear and logical reasoning was required. An appeal to the emotions would undoubtedly have been out of place. In direct contrast to the preceding method of summarizing a speech a good example of a persuasive conclusion may be found in The Dartmouth College Case, which Webster argued before this same tribunal, and which also involved the constitutionality of a State law. In this peroration Webster's emotional appeal was so strong that, it is said, there was not a dry eye in the court room.

In writing as well as in speaking one must allow common sense to decide what shall be the nature of his peroration. The following is a typical example of a conclusion into which persuasion cannot well enter. It is taken from the close of a chapter, selected at random, in Darwin's Structure and Distribution of Coral Reefs.

It has, I think, been shown in this chapter, that subsidence explains both the normal structure and the less regular forms of those two great classes of reefs which have justly excited the astonishment of all the naturalists who have sailed through the Pacific and Indian oceans. The necessity, also, that a foundation should have existed at the proper depth for the growth of the corals over certain large areas, almost compels us to accept this theory. But further to test its truth a crowd of questions may be asked…. These several questions will be considered in the following chapter.

A type of conclusion far more common and usually far more effective is one that not only refers to the preceding arguments but also contains considerable persuasion. The peroration marks the final opportunity for the arguer to move his audience. Here he should make his greatest effort. Since belief and action ordinarily depend upon both the intellect and the will, the arguer who would attain success must appeal to both. Merely to call to mind the proof that he has advanced is seldom enough: he must arouse the emotions. The peroration of an argument is like the finish of a race or the last charge in a battle. In the conclusion the arguer should use his greatest skill, his strongest eloquence. Here are found the most inspiring passages in the masterpieces of oratory.

Some of the various ways for reaching the emotions have been pointed out in the chapter dealing with persuasion in the introduction. These same suggestions apply equally well to persuasion in the conclusion. The best advice that can be given, however, is for one to use his common sense. He must consider his subject, his audience, his ability, and his own interest in the case—all the circumstances in connection with his argument—and then depend, not upon some set formula, but upon his judgment to tell him in what way he can best be persuasive. The following illustrations will give some idea of how successful writers and speakers have concluded their arguments with persuasion. Notice the patriotic appeal in the first quotation:—

Whether we have or have not degenerated compared with (say) fifty or a hundred years ago may be a question difficult to settle, but it is quite clear that we are pitifully, disastrously below the normal standard of manhood and womanhood which a great nation should set itself.

Adequate nourishment for our children, immunity from exhausting and mechanical employments at the most critical period of adolescence, an extension of educational influences—can there be any objects of expenditures more likely than these to repay themselves a thousandfold in the improved vigor and intelligence which form the only sure basis of a nation's greatness? [Footnote: Frances E. Warwick, Fortnightly Review, Vol. LXXIX, p. 515.]

In the following the speaker points out the awful responsibility resting upon the jury and exhorts them to render justice:—

Let me, therefore, remind you, that though the day may soon come when our ashes shall be scattered before the winds of heaven, the memory of what you do cannot die. It will carry down to your posterity your honor or your shame. In the presence, and in the name of that everliving God, I do therefore conjure you to reflect that you have your characters, your consciences, that you have also the character, perhaps the ultimate destiny, of your country in your hands. In that awful name I do conjure you to have mercy upon your country and upon yourselves, and so to judge now as you will hereafter be judged; and I do now submit the fate of my client, and of that country which we have yet in common to your disposal. [Footnote: John Philpot Curran, On the Liberty of the Press.]