division of arguments, it will be seen that sometimes, we reason from an effect back to a cause, which we endeavour to prove a just or due cause; and sometimes from the effect, not to a cause, but simply to a condition, which is a sign, to be carefully consulted, of the effect contained in the conclusion. And here we open upon the whole subject of testimony, which, it will be observed, is an argument of this second division; a proposition is stated as a conclusion to be proved, and testimony is required to prove it. Testimony, then, is one kind of sign; and it deserves, in the construction of discourse, the most careful investigation and weight, for upon it the great burden of conviction falls.

(60.) Testimony, as an Argument.

It is not within our scope to enter at length into the kinds of testimony, and the manner of weighing evidence; this forms a most important investigation in the discussion of many sciences, and in the administration of public laws.

Many persons regard the use of testimony in the establishment of the truth of propositions as very simple and unerring; but if we consider the many and delicate elements which enter into the account, we shall find this to be a great mistake. In order to guard against such an error, let us take a general

survey of the subjects of testimony, of the witnesses, of the character of the evidence, and of the modes by which testimony is obtained.

(61.) Fact and Opinion.

Let us consider for a moment what the question or proposition is upon which the testimony is desired; whether it be only a matter of fact or a matter of opinion; for example, in a case of trial of overt crime, it may be, not only whether a person committed the deed in question, which is a matter of fact, but whether, if the deed was committed, the commission constituted a crime, which is a matter of opinion. Observe, again, that a matter of opinion like this, being amenable to some standard of right and wrong opinions, will, when applied to that standard, become also a matter of fact; and thus fact and opinion are, to some extent, relative terms.

(62.) Witnesses.

Again the character of the persons who give evidence is of the greatest importance in arriving at the truth, for a witness must not only be an honest man, and design to tell the truth, but he must also be a man capable morally and mentally of determining what the truth is in the case before him. If we first consider the sincerity of the witness, we shall

find this affected not only by the bias of avowed dishonesty, but by prejudices of rank, age, family, station, and various other kinds.

If, then, a person's expressed opinion chime with his interests or his wishes, his testimony has not the weight it would have if it was found to be counter to both. Such is the bias of the human mind, even when the general intention is honest.

Again: upon a disputed point the number of witnesses who concur in giving the same testimony are of great importance. By witnesses, here, we do not mean merely adherents of a doctrine or science, believers in a fact which they never witnessed, who are ignorant themselves, but pin their faith to the skirts of others; we refer to real witnesses of the facts. The element of social influence is here excluded; each man must testify only of what he personally knows, and not what he believes some one else to have seen or to know.

It will be further observed that testimony as a sign of the truth of a given proposition, is frequently produced by those who, although witnesses of the fact, had no intention to give evidence of its truth; and such evidence is of great value. Such is the testimony to the bravery and firmness of the Nervi as borne by Cæsar, when, without designing to give them such an encomium, he tells us that they rushed upon the piles of their own dead as upon an emi

nence, and when their own darts were exhausted, seized and returned the heavy javelins, the pila thrown at them by the Romans; and again, he merely relates a fact which is powerful testimony to the reality of that German valour which only needed the severe instruction of the Roman wars to fit them for the subversion of the entire Roman empire. "Fight us," is the language of Ariovistus to the Romans; "you will learn to know us; we are a nation that have been under no roof for fourteen years."

Of the nature of undesigned testimony is frequently the testimony which comes from an adversary, and which, as it must go counter to his own wishes, is to be considered as of great value. It is usually not straightforward testimony, but is incidentally given, and is brought out of its designed place to bear upon the question at issue.

It will be further observed, that the testimony given by a number of witnesses, although that borne by each may be slight and insufficient, often is of great weight when taken together; all concurring in the general fact which is to be proved.

Some writers have mentioned, as a kind of evidence, what is called negative testimony. When a certain argument publicly made, and known to have opponents, remains unanswered, this is strong evidence of its validity and power; for we immediately say, "If they can answer it, why do they not?" and

the triumphant inference is, that it is unanswerable. In a controversy, the party silenced is usually the party beaten.

As to the nature of the propositions with regard to which testimony is given, they may be of different degrees of probability. Some are highly probable, and the testimony demanded is but slight, for the mind is ready to give its assent on small proof: others are very improbable, and the testimony must be clear and conclusive. And yet sometimes the very improbability of a story leads to our doubting that it could be fabricated, and gives a sort of antecedent proof of its truth.

It becomes an important matter to determine how testimony should be obtained, so as to insure its truth in point of fact.

(63.) Of the Modes of obtaining Testimony.

As we cannot depend upon the word of all men, without certain greater sanctions than are ordinarily presented, it becomes important to determine some other means of obtaining the truth.

There are many men whose testimony, like their lives, is always honest; but there are others, who need, so to speak, a little spur to make them honest in giving evidence. For this reason the civil oath has been prepared, which, promising to tell "the whole

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