White Murder Case,
dealing with an issue of life and death, let the natural eloquence which
always smoldered in his speech, burn up into a clear glow. But both
Huxley and Webster would have held any studied appeal to emotion to be
an impertinence.

In ordinary life most of us make fewer arguments of fact than of policy.
It is only a small minority of our young men who become lawyers, and of
them many do not practice before juries. Nor do any large number of men
become scholars or men of science or public men, who have to deal with
questions of historical fact or to make arguments of fact on large
states of affairs. On the other hand, all of us have to weigh and
estimate arguments of fact pretty constantly. Sooner or later most men
serve on juries; and all students have to read historical and economical
arguments. We shall therefore give some space in Chapter III to
considering the principles of reasoning by which we arrive at and test
conclusions as to the existence of facts, and the truth of assertions
about them.

9. Arguments of Policy. When we turn from arguments of fact to
arguments of policy it will be noticed that there is a change in the
phraseology that we use: we no longer say that the assertions we
maintain or meet are true or not true, but that the proposals are right
or expedient or wrong or inexpedient; for now we are talking about what
should or should not be done. We say, naturally and correctly, that it
is or is not true that woman suffrage has improved political conditions
in Colorado but it would be a misuse of words to say that it is true or
not true that woman suffrage should be adopted in Ohio; and still more
so to use the word "false," which has an inseparable tinge of moral
obliquity. In questions of policy that turn on expediency, and in some,
as we shall see directly, that turn on moral issues, we know beforehand
that in the end some men who know the subject as well as we do and whose
judgment is as good and whose standards are as high, will still
disagree. There are certain large temperamental lines which have always
divided mankind: some men are born conservative minded, some radical
minded: the former must needs find things as they are on the whole good,
the latter must needs see vividly how they can be improved. To the
scientific temperament the artistic temperament is unstable and
irrational, as the former is dry and ungenerous to the latter. Such
broad and recognized types, with a few o