e to
say, if enough evidence can be had, "This is undeniably true." In these
arguments we can use the word "proof" in its strict sense. In arguments
of policy on the other hand, where the question is worth arguing, we
know in many cases that in the end there will be men who are as wise and
as upright as ourselves who will continue to disagree. In such cases it
is obvious that we can use the word "proof" only loosely; and we speak
of right or of expediency rather than of truth. This distinction is
worth bearing in mind, for it leads to soberness and a seemly modesty in
controversy. It is only in barber-shop politics and sophomore debating
clubs that a decision of a question of policy takes its place among the
eternal verities.

With these distinctions made, let us now consider a few of the chief
varieties of these two classes of arguments, dealing only with those
which every one of us comes to know in the practical affairs of life. It
will be obvious that the divisions between these are not fixed, and that
they are far from exhausting the full number of varieties.

8. Arguments of Fact. Among the commonest and most important varieties
of arguments of fact are those made before juries in courts of law. It
is a fundamental principle of the common law under which we live that
questions of fact shall be decided by twelve men chosen by lot from the
community, and that questions of the law that shall be applied to these
facts shall be decided by the judges. Accordingly in criminal trials the
facts concerning the crime and the actions and whereabouts of the
accused are subjects of argument by the counsel. If the prisoner is
attempting to establish an alibi, and the evidence is meager or
conflicting, his counsel and the prosecuting officer must each make
arguments before the jury on the real meaning of the evidence. In civil
cases likewise, all disputed questions of fact go ordinarily to a jury,
and are the subject of arguments by the opposing lawyers. Did the
defendant guarantee the goods he sold the plaintiff? Was undue influence
exerted on the testator? Did the accident happen through the negligence
of the railroad officials? In such cases and the countless others that
congest the lists of the lower courts arguments of fact must be made.

Other common arguments of fact are those in historical questions,
whether in recent or in ancient history. Macaulay's admirable skeleton
argument (p. 155) that Philip Francis wrote the _Ju