Chapter III
EDMUND BURKE AND THE ARGUMENT FROM CIRCUMSTANCE

We are now in position to affirm that the rhetorical study of an argument begins with a study of the sources. But since almost any extended argument will draw upon more than one source we must look, to answer the inquiry we are now starting, at the prevailing source, or the source which is most frequently called upon in the total persuasive effort. We shall say that this predominating source gives to the argument an aspect, and our present question is, what can be inferred from the aspect of any argument or body of arguments about the philosophy of its maker? All men argue alike when they argue validly because the modes of inference are formulas, from which deviation is error. Therefore we characterize inference only as valid or invalid. But the reasoner reveals his philosophical position by the source of argument which appears most often in his major premise because the major premise tells us how he is thinking about the world. In other words, the rhetorical content of the major premise which the speaker habitually uses is the key to his primary view of existence. We are of course excluding artful choices which have in view only ad hoc persuasions. Putting the matter now figuratively, we may say that no man escapes being branded by the premise that he regards as most efficacious in an argument. The general importance of this is that major premises, in addition to their logical function as part of a deductive argument, are expressive of values, and a characteristic major premise characterizes the user.

To see this principle in application, let us take three of the chief sources of argument recognized by the classical rhetoricians. We may look first at the source which is genus. All arguments made through genus are arguments based on the nature of the thing which is said to constitute the genus. What the argument from genus then says is that “generic” classes have a nature which can be predicated of their species. Thus man has a nature including mortality, which quality can therefore be predicated of the man Socrates and the man John Smith. The underlying postulate here, that things have a nature, is of course a disputable view of the world, for it involves the acceptance of a realm of essence. Yet anyone who uses such source of argument is committed to this wider assumption. Now it follows that those who habitually argue from genus are in their personal philosophy idealists. To them the idea of genus is a reflection of existence. We are saying, accordingly, that arguments which make predominant use of genus have an aspect through this source, and that the aspect may be employed to distinguish the philosophy of the author. It will be found, to cite a concrete example, that John Henry Newman regularly argues from genus; he begins with the nature of the thing and then makes the application. The question of what a university is like is answered by applying the idea of a university. The question of what man ought to study is answered by working out a conception of the nature of man. And we shall find in a succeeding essay that Abraham Lincoln, although he has become a patron for liberals and pragmatists, was a consistent user of the argument from genus. His refusal to hedge on the principle of slavery is referable to a fixed concept of the nature of man. This, then, will serve to characterize the argument from genus.

Another important source of argument is similitude. Whereas those who argue from genus argue from a fixed class, those who argue from similitude invoke essential (though not exhaustive) correspondences. If one were to say, for example, that whatever has the divine attribute of reason is likely to have also the divine attribute of immortality, one would be using similitude to establish a probability. Thinkers of the analogical sort use this argument chiefly. If required to characterize the outlook it implies, we should say that it expresses belief in a oneness of the world, which causes all correspondence to have probative value. Proponents of this view tend to look toward some final, transcendental unity, and as we might expect, this type of argument is used widely by poets and religionists.[26] John Bunyan used it constantly; so did Emerson.

A third type we shall mention, the type which provides our access to Burke, is the argument from circumstance. The argument from circumstance is, as the name suggests, the nearest of all arguments to purest expediency. This argument merely reads the circumstances—the “facts standing around”—and accepts them as coercive, or allows them to dictate the decision. If one should say, “The city must be surrendered because the besiegers are so numerous,” one would be arguing not from genus, or similitude, but from a present circumstance. The expression “In view of the situation, what else are you going to do?” constitutes a sort of proposition-form for this type of argument. Such argument savors of urgency rather than of perspicacity; and it seems to be preferred by those who are easily impressed by existing tangibles. Whereas the argument from consequence attempts a forecast of results, the argument from circumstance attempts only an estimate of current conditions or pressures. By thus making present circumstance the overbearing consideration, it keeps from sight even the nexus of cause and effect. It is the least philosophical of all the sources of argument, since theoretically it stops at the level of perception of fact.

Burke is widely respected as a conservative who was intelligent enough to provide solid philosophical foundations for his conservatism. It is perfectly true that many of his observations upon society have a conservative basis; but if one studies the kind of argument which Burke regularly employed when at grips with concrete policies, one discovers a strong addiction to the argument from circumstance. Now for reasons which will be set forth in detail later, the argument from circumstance is the argument philosophically appropriate to the liberal. Indeed, one can go much further and say that it is the argument fatal to conservatism. However much Burke eulogized tradition and fulminated against the French Revolution, he was, when judged by what we are calling aspect of argument, very far from being a conservative; and we suggest here that a man’s method of argument is a truer index in his beliefs than his explicit profession of principles. Here is a means whereby he is revealed in his work. Burke’s voluminous controversies give us ample opportunity to test him by this rule.

There is some point in beginning with Burke’s treatment of the existing Catholic question, an issue which drew forth one of his earliest political compositions and continued to engage his attention throughout his life. As early as 1765 he had become concerned with the extraordinary legal disabilities imposed upon Catholics in Ireland, and about this time he undertook a treatise entitled Tract on the Popery Laws. Despite the fact that in this treatise Burke professes belief in natural law, going so far as to assert that all human laws are but declaratory, the type of argument he uses chiefly is the secular argument from circumstance. After a review of the laws and penalties, he introduces his “capital consideration.”

The first and most capital consideration with regard to this, as to every object, is the extent of it. And here it is necessary to premise: this system of penalty and incapacity has for its object no small sect or obscure party, but a very numerous body of men—a body which comprehends at least two thirds of the whole nation: it amounts to 2,800,000 souls, a number sufficient for the materials constituent of a great people.[27]

He then gave his reason for placing the circumstance first.

This consideration of the magnitude of the object ought to attend us through the whole inquiry: if it does not always affect the reason, it is always decisive on the importance of the question. It not only makes itself a more leading point, but complicates itself with every other part of the matter, giving every error, minute in itself, a character and a significance from its application. It is therefore not to be wondered at, if we perpetually recur to it in the course of this essay.[28]

The Tract was planned in such a way as to continue this thought, while accompanying it with discussion of the impediment to national prosperity, and of “the impolicy of those laws, as they affect the national security.” This early effort established the tenor of his thinking on the subject.

While representing Bristol in Parliament, Burke alienated a part of his constituency by supporting Sir George Savile’s measure to ease the restraints upon Catholics. In the famous Speech to the Electors of Bristol he devoted a large portion of his time to a justification of that course, and here, it is true, he made principal use of the argument from genus (“justice”) and from consequence. The argument from circumstance is not forgotten, but is tucked away at the end to persuade the “bigoted enemies to liberty.” There, using again his criterion of the “magnitude of the object,” he said:

Gentlemen, it is possible you may not know that the people of that persuasion in Ireland amount to at least sixteen or seventeen hundred thousand souls. I do not at all exaggerate the number. A nation to be persecuted! Whilst we were masters of the sea, embodied with America and in alliance with half the powers of the continent, we might, perhaps, in that remote corner of Europe, afford to tyrannize with impunity. But there is a revolution in our affairs which makes it prudent for us to be just.[29]

During the last decade of his life, Burke wrote a series of letters upon the Catholic question and upon Irish affairs, in which, of course, this question figured largely. In 1792 came A Letter to Sir Hercules Langrishe, M.P., upon the propriety of admitting Catholics to the elective franchise. Here we find him taking a pragmatic view of liberality toward Catholics. He reasoned as follows regarding the restoration of the franchise:

If such means can with any probability be shown, from circumstances, rather to add strength to our mixed ecclesiastical and secular constitution, than to weaken it; surely they are means infinitely to be preferred to penalties, incapacities, and proscriptions continued from generation to generation.[30]

In this instance the consideration of magnitude took a more extended form:

How much more, certainly, ought they [the disqualifying laws] to give way, when, as in our case, they affect, not here and there, in some particular point or in their consequence, but universally, collectively and directly, the fundamental franchises of a people, equal to the whole inhabitants of several respectable kingdoms and states, equal to the subjects of the kings of Sardinia or of Denmark; equal to those of the United Netherlands, and more than are to be found in all the states of Switzerland. This way of proscribing men by whole nations, as it were, from all the benefits of the constitution to which they were born, I never can believe to be politic or expedient, much less necessary for the existence of any state or church in the world.[31]

Greatly exercised over events in France, Burke came to think of Christianity as the one force with enough cohesion to check the spread of the Revolution. Then in 1795 he wrote the Letter to William Smith, Esq. Here he described Christianity as “the grand prejudice ... which holds all the other prejudices together”;[32] and such prejudices, as he visualized them, were essential to the fabric of society. He told his correspondent candidly: “My whole politics, at present, center in one point; and to this the merit or demerit of every measure (with me) is referable; that is, what will most promote or depress the cause of Jacobinism.”[33] In a second letter to Sir Hercules Langrishe, written in the same year, he could say: “In the Catholic Question I considered only one point. Was it at the time, and in the circumstances, a measure which tended to promote the concord of the citizens.”[34]

Only once did Burke approach the question of religion through what may be properly termed an argument from definition. In the last year of his life he composed A Letter on the Affairs of Ireland, one passage of which considers religion not in its bearing upon some practical measure, but with reference to its essential nature.

Let every man be as pious as he pleases, and in the way that he pleases; but it is agreeable neither to piety nor to policy to give exclusively all manner of civil privileges and advantages to a negative religion—such is the Protestant without a certain creed; and at the same time to deny those privileges to men whom we know to agree to an iota in every one positive doctrine, which all of us, who profess religion authoritatively taught in England, hold ourselves, according to our faculties, bound to believe.[35]

It is not purely an argument from definition, but it contains such an argument, and so contrasts with his dominant position on a subject which engaged much of his thought and seems to have filled him with sincere feeling.

We shall examine him now on another major subject to engage his statesmanship, the rebellion of the North American Colonies against Great Britain. By common admission today, Burke’s masterpiece of forensic eloquence is the speech moving his resolutions for conciliation with that disaffected part of the Empire, delivered in the House of Commons on March 22, 1775. In admiring the felicities with which this great oration undoubtedly abounds, it is easy to overlook the fact that it is from beginning to end an argument from circumstance. It is not an argument about rights or definitions, as Burke explicitly says at two or three points; it is an argument about policy as dictated by circumstances. Its burden is a plea to conciliate the colonies because they are waxing great. No subtlety of interpretation is required to establish this truth, because we can substantially establish it in the express language of Burke himself.

To see the aspect of this argument, it is useful to begin by looking at the large alternatives which the orator enumerates for Parliament in the exigency. The first of these is to change the spirit of the Colonies by rendering it more submissive. Circumventing the theory of the relationship of ruler and ruled, Burke sets aside this alternative as impractical. He admits that an effort to bring about submission would be “radical in its principle” (i.e., would have a root in principle); but he sees too many obstacles in geography, ethnology, and other circumstances to warrant the trial.

The second alternative is to prosecute the Colonists as criminal. At this point, the “magnitude of the object” again enters his equation, and he would distinguish between the indictment of a single individual and the indictment of a whole people as things different in kind. The number and vigor of the Americans constitute an embarrassing circumstance. Therefore his thought issues in the oft-quoted statement “I do not know the method of drawing up an indictment against a whole people.”[36] This was said, it should be recalled, despite the fact that history is replete with proceedings against rebellious subjects.[37] But Burke had been an agent for the colony of New York; he had studied the geography and history of the Colonies with his usual industry; and we may suppose him to have had a much clearer idea than his colleagues in Parliament of their power to support a conflict.

It is understandable, by this view, that his third alternative should be “to comply with the American spirit as necessary.” He told his fellow Commoners plainly that his proposal had nothing to do with the legal right of taxation. “My consideration is narrow, confined, and wholly limited to the policy of the question.”[38] This policy he later characterizes as “systematic indulgence.” The outcome of this disjunctive argument is then a measure to accommodate a circumstance. The circumstance is that America is a growing country, of awesome potentiality, whose strength, both actual and imminent, makes it advisable for the Mother Country to overlook abstract rights. In a peroration, the topic of abstract rights is assigned to those “vulgar and mechanical politicians,” who are “not fit to turn a wheel in the machine” of Empire.[39]

With this conclusion in mind, it will be instructive to see how the orator prepared the way for his proposal. The entire first part of his discourse may be described as a depiction of the circumstance which is to be his source of argument. After a circumspect beginning, in which he calls attention to the signs of rebellion and derides the notion of “paper government,” he devotes a long and brilliant passage to simple characterization of the Colonies and their inhabitants. The unavoidable effect of this passage is to impress upon his hearers the size and resources of this portion of the Empire. First he takes up the rapidly growing population, then the extensive trade, then the spirit of enterprise, and finally the personal character of the Colonists themselves. Outstanding even in this colorful passage is his account of the New England whaling industry.

Whilst we follow them among the tumbling mountains of ice, and behold them penetrating into the deepest frozen recesses of Hudson’s Bay and Davis’s Straits, whilst we are looking for them beneath the Arctic Circle, we hear that they have pierced into the opposite region of polar cold, that they are at the antipodes, and engaged under the frozen Serpent of the South. Falkland Island, which seemed too remote and romantic an object for the grasp of national ambition, is but a stage and resting-place in the progress of their victorious industry. Nor is the equinoctial heat more discouraging to them than the accumulated winter of both the poles. We know that whilst some of them draw the line and strike the harpoon on the coast of Africa, others run the longitude and pursue their gigantic game along the coast of Brazil. No sea but what is vexed by their fisheries; no climate that is not witness to their toils. Neither the perseverance of Holland, nor the activity of France, nor the dexterous and firm sagacity of English enterprise ever carried this most perilous mode of hard industry to the extent to which it has been pushed by this recent people; a people who are still, as it were, but in the gristle; and not yet hardened into the bone of manhood.[40]

It is the spectacle of this enterprise which induces Burke to “pardon something to the spirit of liberty.”

The long recital is closed with an appeal which may be fitly regarded as the locus classicus of the argument from circumstance. For with this impressive review of the fierce spirit of the colonists before his audience, Burke declares: “The question is, not whether the spirit deserves praise or blame, but—what, in the name of God, shall we do with it?”[41] The question then is not what is right or wrong, or what accords with our idea of justice or our scheme of duty; it is, how can we meet this circumstance? “I am not determining a point of law; I am restoring tranquillity.”[42] The circumstance becomes the cue of the policy. We must remind ourselves that our concern here is not to pass upon the merits of a particular controversy, but to note the term which Burke evidently considered most efficacious in moving his hearers. “Political reason,” he says, elsewhere, “is a computing principle.”[43] Where does political reason in this instance leave him? It leaves him inevitably in the middle, keeping the Colonies, but not as taxable parts of the Empire, allowing them to pay their own charge by voluntary grants. In Burke’s characteristic view, the theoretic relationship has been altered by the medium until the thirteen (by his count fourteen) colonies of British North America are left halfway between colonial and national status. The position of the Tories meant that either the Colonies would be colonies or they would terminate their relationship with the Empire. Burke’s case was that by concession to circumstance they could be retained in some form, and this would be a victory for policy. Philosophers of starker principle, like Tom Paine, held that a compromise of the Burkean type would have been unacceptable in the long run even to the Americans, and the subsequent crystallization of American nationality seems to support this view. But Burke thought he saw a way to preserve an institution by making way for a large corporeal fact.

It must be confessed that Burke’s interest in the affairs of India, and more specifically in the conduct of the East India Company, is not reconcilable in quite the same way with the thesis of this chapter. Certainly there is nothing in mean motives or contracted views to explain why he should have labored over a period of fourteen years to benefit a people with whom he had no contact and from whom he could expect no direct token of appreciation. But it must be emphasized that the subject of this essay is methods, and even in this famous case Burke found some opportunity to utilize his favorite source.

In 1783, years before the impeachment of Warren Hastings, he made a long speech in Parliament attacking Fox’s East India Bill. He was by then deeply impressed by the wrongs done the Indians by British adventurers, yet it will be observed that his habitus reveals itself in the following passages. He said of the East India Company:

I do not presume to condemn those who argue a priori against the propriety of leaving such extensive political power in the hands of a company of merchants. I know much is, and much more may be, said against such a system. But, with my particular ideas and sentiments, I cannot go that way to work. I feel an insuperable reluctance in giving my hand to destroy any established institution of government, upon a theory, however plausible it may be.[44]

Then shortly he continued:

To justify us in taking the administration of their affairs out of the hands of the East India Company, as my principles, I must see several conditions. 1st, the object affected by the abuse must be great and important. 2nd, the abuse affecting the great object ought to be a great abuse. 3rd, it ought to be habitual and not accidental. 4th, it ought to be utterly incurable in the body as it now stands constituted.[45]

It is pertinent to observe that Burke’s first condition here is exactly the first condition raised with reference to the Irish Catholics and with reference to the American Colonies. It is further characteristic of his method that the passages cited above are followed immediately by a description of the extent and wealth and civilization of India, just as the plea for approaching the Colonies with reconciliation was followed by a vivid advertisement of their extent and wealth and enterprise. The argument is for justice, but it is conditioned upon a circumstance.

When Burke undertook the prosecution of Hastings in 1788, these considerations seemed far from his mind. The splendid opening charge contains arguments strictly from genus, despite the renunciation of such arguments which we see above. He attacked the charter of the East India Company by showing that it violated the idea of a charter.[46] He affirmed the natural rights of man, and held that they had been criminally denied in India.[47] He scorned the notion of geographical morality. These sound like the utterances of a man committed to abstract right. Lord Morley has some observations on Burke which may contain the explanation. His study of Burke’s career led him to feel that “direct moral or philanthropic apostleship was not his function.”[48] Of his interest in India, he remarked: “It was reverence rather than sensibility, a noble and philosophic conservatism rather than philanthropy, which raised the storm in Burke’s breast against the rapacity of English adventurers in India, and the imperial crimes of Hastings.”[49] If it is true that Burke acted out of reverence rather than out of sensibility or philanthropy, what was the reverence of? It was, likely, for storied India, for an ancient and opulent civilization which had brought religion and the arts to a high point of development while his ancestors were yet “in the woods.” There is just enough of deference for the established and going concern, for panoply, for that which has prestige, to make us feel that Burke was again impressed—with an intended consequence which was noble, of course; but it is only fair to record this component of the situation.

The noble and philosophic conservatism next translated itself into a violent opposition to the French Revolution, which was threatening to bring down a still greater structure of rights and dignities, though in this instance in the name of reform and emancipation.

The French Revolution was the touchstone of Burke. Those who have regarded his position on this event as a reversal, or a sign of fatigue and senescence, have not sufficiently analyzed his methods and his sources. Burke would have had to become a new man to take any other stand than he did on the French Revolution. It was an event perfectly suited to mark off those who argue from circumstance, for it was one of the most radical revolutions on record, and it was the work of a people fond of logical rigor and clear demonstration.

Why Burke, who had championed the Irish Catholics, the American colonists, and the Indians should have championed on this occasion the nobility and the propertied classes of Europe is easy to explain. For him Europe, with all its settlements and usages, was the circumstance; and the Revolution was the challenge to it. From first to last Burke saw the grand upheaval as a contest between inherited condition and speculative insight. The circumstance said that Europe should go on; the Revolution said that it should cease and begin anew.[50] Burke’s position was not selfish; it was prudential within the philosophy we have seen him to hold.

Actually his Reflections on the Revolution in France divides itself into two parts. The first is an attempt, made with a zeal which seems almost excessive, to prove that the British government was the product of slow accretion of precedent, that it is for that reason a beneficent and stable government, and that the British have renounced, through their choice of methods in the past, any theoretical right to change their government by revolution. The second part is a miscellany of remarks on the proceedings in France, in which many shrewd observations of human nature are mingled with eloquent appeals on behalf of the ancien régime.

Burke appears terrified by the thought that the ultimate sources and sanctions of government should be brought out into broad daylight for the inspection of everyone, and the first effort was to clothe the British government with a kind of concealment against this sort of inspection, which could, of course, result in the testing of that government by what might have been or might yet be. The second effort was to show that France, instead of embarking on a career of progress through her daring revolution, “had abandoned her interest, that she might prostitute her virtue.” It will be observed that in both of these, a presumed well-being is the source of his argument. Therefore we have the familiar recourse to concrete situation.

Circumstances (which with some gentlemen, pass for nothing) give in reality to every political principle its distinguishing color and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind. Abstractedly speaking, government, as well as liberty, is good; yet could I, in common sense, ten years ago, have felicitated France upon her enjoyment of a government (for she then had a government) without inquiring what the nature of the government was, or how it was administered? Can I now congratulate the same nation on its freedom?[51]

In his Letter to a Member of the National Assembly (1791) he said:

What a number of faults have led to this multitude of misfortunes, and almost all from this one source—that of considering certain general maxims, without attending to circumstances, to times, to places, to conjectures, and to actors! If we do not attend scrupulously to all of these, the medicine of today becomes the poison of tomorrow.[52]

This was the gist of such advice as Burke had for the French. That they should build on what they had instead of attempting to found de novo, that they should adapt necessary changes to existing conditions, and above all that they should not sacrifice the sources of dignity and continuity in the state—these made up a sort of gospel of precedent and gradualism which he preached to the deaf ears across the Channel. We behold him here in his characteristic political position, but forced to dig a little deeper, to give his theorems a more general application, and, it is hardly unjust to say, to make what really constitutes a denial of philosophy take on some semblance of philosophy. Yet Burke was certainly never at a greater height rhetorically in defending a reigning circumstance. Let us listen to him for a moment on the virtues of old Europe.

But the age of chivalry is gone. That of sophisters, economists, and calculators has succeeded, and the glory of Europe is extinguished forever. Never, never more shall we behold that generous loyalty to rank and sex, that proud submission, that dignified obedience, the subordination of the heart, which kept alive, even in servitude itself, the spirit of an exalted freedom. The unbought grace of life, the cheap defense of nations, the nurse of manly sentiment, is gone! It is gone, that sensibility of principle, that chastity of honour, which felt a stain like a wound, which inspired courage whilst it mitigated ferocity, which ennobled whatever it touched, and under which vice itself lost half its evil, by losing all its grossness.

This mixed system of opinion and sentiment had its origin in the ancient chivalry; and the principle, though varied in its appearance by the varying state of human affairs, subsisted and influenced through a long succession of generations, even to the time we live in. If it should ever be totally extinguished, the loss I fear will be great. It is this which has given its character to modern Europe. It is this which has distinguished it under all its forms of government, and distinguished it to its advantage, from the states of Asia, and possibly from those states which flourished in the most brilliant periods of the antique world. It was this, which, without confounding ranks, has produced a noble equality and handed it down through all the gradations of social life. It was this opinion which mitigated kings into companions, and raised private men to be fellows with kings. Without force or opposition, it subdued the fierceness of pride and power; it obliged sovereigns to submit to the soft collar of social esteem, compelled stern authority to submit to elegance, and gave a dominating vanquisher of laws to be subdued by manners.

But now all is to be changed. All the pleasing illusions which made power gentle and obedience liberal, which harmonized the different shades of life, and which, by a bland assimilation, incorporated into politics the sentiments which beautify and soften private society, are to be dissolved by the new conquering empire of light and reason. All the decent drapery of life is to be rudely torn off. All the superadded ideas, furnished from the wardrobe of a moral imagination, which the heart owns and the imagination ratifies, as necessary to cover the defects of our naked, shivering nature, and to raise it to dignity in our own estimation, are to be exposed as ridiculous, absurd, and antiquated fashions.[53]

With the writings on French affairs, Burke’s argument from circumstance came full flower.

These citations are enough to show a partiality toward argument of this aspect. But a rehearsal of his general observations on politics and administration will show it in even clearer light. Burke had an obsessive dislike of metaphysics and the methods of the metaphysician. There is scarcely a peroration or passage of appeal in his works which does not contain a gibe, direct or indirect, at this subject. In the Speech On American Taxation he said, “I do not enter into these metaphysical distinctions; I hate the very sound of them.”[54] This science he regarded as wholly incompatible with politics, yet capable of deluding a certain type of politician with its niceties and exactitudes. Whenever Burke introduced the subject of metaphysics, he was in effect arguing from contraries; that is to say, he was asserting that what is metaphysically true is politically false or unfeasible. For him, metaphysical clarity was at the opposite pole from political prudence. As he observed in the Reflections, “The pretended rights of these theories are all extremes; and in proportion as they are metaphysically true, they are morally and politically false.”[55] In the first letter to Sir Hercules Langrishe, he ridiculed “the metaphysicians of our times, who are the most foolish of men, and who, dealing in universals and essences, see no difference between more and less.”[56] It will be noted that this last is a philosophical justification for his regular practice of weighing a principle by the scale of magnitude of situation. The “more and less” thus becomes determinative of the good. “Metaphysics cannot live without definition, but prudence is cautious how she defines,”[57] he said in the Appeal from the New to the Old Whigs. And again in the Reflections, “These metaphysic rights, entering into common life, like rays of light which pierce into a dense medium are by the laws of nature refracted from a straight line. Indeed, in the gross and complicated mass of human passions and concerns, the primitive rights of man undergo such a variety of refractions and reflections, that it becomes absurd to talk of them as if they continued in the simplicity of their original direction.”[58] Finally, there is his clear confession, “Whenever I speak against a theory, I mean always a weak, erroneous, fallacious, unfounded theory, and one of the ways of discovering that it is a false theory is by comparing it with practice.” This is the philosophical explanation of the source in circumstance of Burke’s characteristic argument.

In a brilliant passage on the American character, he had observed that the Americans were in the habit of judging the pressure of a grievance by the badness of the principle rather than vice versa. Burke’s own habit, we now see, was fairly consistently the reverse: he judged the badness of the principle by the pressure of the grievance; and hence we are compelled to suppose that he believed politics ought to be decided empirically and not dialectically. Yet a consequence of this position is that whoever says he is going to give equal consideration to circumstance and to ideals (or principles) almost inevitably finds himself following circumstances while preserving a mere decorous respect for ideals.

Burke’s doctrine of precedent, which constitutes a central part of his political thought, is directly related with the above position. If one is unwilling to define political aims with reference to philosophic absolutes, one tries to find guidance in precedent. We have now seen that a principal topic of the Reflections is a defense of custom against insight. Burke tried with all his eloquence to show that the “manly” freedom of the English was something inherited from ancestors, like a valuable piece of property, increased or otherwise modified slightly to meet the needs of the present generation, and then reverently passed on. He did not want to know the precise origin of the title to it, nor did he want philosophical definition of it. In fact, the statement of Burke which so angered Thomas Paine—that Englishmen were ready to take up arms to prove that they had no right to change their government—however brash or paradoxical seeming, was quite in keeping with such conviction. Since he scorned that freedom which did not have the stamp of generations of approval upon it, he attempted to show that freedom too was a matter of precedent.

Yet this is an evasion rather than an answer to the real question which is lying in wait for Burke’s political philosophy. It is essential to see that government either moves with something in view or it does not, and to say that people may be governed merely by following precedent begs the question. What line do the precedents mark out for us? How may we know that this particular act is in conformity with the body of precedents unless we can abstract the essence of the precedents? And if one extracts the essence of a body of precedents, does not one have a “speculative idea”? However one turns, one cannot evade the truth that there is no practice without theory, and no government without some science of government. Burke’s statement that a man’s situation is the preceptor of his duty cannot be taken seriously unless one can isolate the precept.

This dilemma grows out of Burke’s own reluctance to speculate about the origin and ultimate end of government. “There is a sacred veil to be drawn over the beginnings of all governments,” he declared in his second day’s speech at the trial of Warren Hastings.[59] To the abstract doctrines of the French Revolution, he responded with a “philosophic analogy,” by which governments are made to come into being with something like the indistinct remoteness of the animal organism. This political organism is a “mysterious incorporation,” never wholly young or middle-aged or old, but partly each at every period, and capable, like the animal organism, of regenerating itself through renewal of tissue. It is therefore modified only through the slow forces that produce evolution. But to the question of what brings on the changes in society, Burke was never able to give an answer. He had faced the problem briefly in the Tract on the Popery Laws, where he wrote: “Is, then, no improvement to be brought into society? Undoubtedly, but not by compulsion—but by encouragement, but by countenance, favor, privileges, which are powerful and are lawful instruments.”[60] These, however, are the passive forces which admit change, not the active ones which initiate it. The prime mover is still to seek. If such social changes are brought about by immanent evolutionary forces, they are hardly voluntary; if on the other hand they are voluntary, they must be identifiable with some point in time and with some agency of initiation. It quickly becomes obvious that if one is to talk about the beginnings of things, about the nisus of growth or of accumulation of precedents, and about final ends, one must shift from empirical to speculative ground. Burke’s attachment to what was de facto prevented him from doing this in political theory and made him a pleader from circumstance at many crucial points in his speeches. One can scarcely do better than quote the judgment of Sir James Prior in his summation of Burke’s career: “His aim therefore in our domestic policy, was to preserve all our institutions in the main as they stood for the simple reason that under them the nation had become great, and prosperous, and happy.”[61] This is but a generalized translation of the position “If it exists, there is something to be said in its favor,” which we have determined as the aspect of the great orator’s case.

That position is, moreover, the essential position of Whiggism as a political philosophy. It turns out to be, on examination, a position which is defined by other positions because it will not conceive ultimate goals, and it will not display on occasion a sovereign contempt for circumstances as radical parties of both right and left are capable of doing. The other parties take their bearing from some philosophy of man and society; the Whigs take their bearings from the other parties. Whatever a party of left or right proposes, they propose (or oppose) in tempered measure. Its politics is then cautionary, instinctive, trusting more to safety and to present success than to imagination and dramatic boldness of principle. It is, to make the estimate candid, a politics without vision and consequently without the capacity to survive.

“The political parties which I call great,” Tocqueville wrote in Democracy in America, “are those which cling to principles rather than to their consequences, to general and not to special cases, to ideas and not to men.”[62] Manifestly the Whig Party is contrary to this on each point. The Whigs do not argue from principles (i.e., genera and definitions); they are awed not merely by consequences but also by circumstances; and as for the general and the special, we have now heard Burke testify on a dozen occasions to his disregard of the former and his veneration of the latter. There is indeed ground for saying that Burke was more Whig than the British Whigs of his own day themselves, because at the one time when the British Whig Party took a turn in the direction of radical principle, Burke found himself out of sympathy with it and, before long, was excluded from it. This occurred in 1791, when the electrifying influence of the French Revolution produced among the liberals of the age a strong trend toward the philosophic left. It was this trend which drew from Burke the Appeal from the New to the Old Whigs, with its final scornful paragraph in which he refused to take his principles “from a French die.” This writing was largely taken up with a defense of his recently published Reflections on the Revolution in France, and it is here relevant to note how Burke defines his doctrine as a middle course. “The opinions maintained in that book,” he said, “never can lead to an extreme, because their foundation is laid in an opposition to extremes.”[63] “These doctrines do of themselves gravitate to a middle point, or to some point near a middle.”[64] “The author of that book is supposed to have passed from extreme to extreme; but he has always actually kept himself in a medium.”[65]

Actually the course of events which caused this separation was the same as that which led to the ultimate extinction of the Whig point of view in British political life. In the early twentieth century, when a world conflict involving the Empire demanded of parties a profound basis in principle, the heirs of the Whig party passed from the scene, leaving two coherent parties, one of the right and one of the left. That is part of our evidence for saying that a party which bases itself upon circumstance cannot outlast that circumstance very long; that its claim to make smaller mistakes (and to have smaller triumphs) than the extreme parties will not win it enduring allegiance; and that when the necessity arises, as it always does at some time, to look at the foundations of the commonwealth, Burke’s wish will be disregarded, and only deeply founded theories will be held worthy. A party does not become great by feasting on the leavings of other parties, and Whiggism’s bid for even temporary success is often rejected. A party must have its own principle of movement and must not be content to serve as a brake on the movements of others. Thus there is indication that Whiggism is a recipe for political failure, but before affirming this as a conclusion, let us extend our examination further to see how other parties have fared with circumstance as the decisive argument.

The American Whig Party showed all the defects of this position in an arena where such defects were bound to be more promptly fatal. It is just to say that this party never had a set of principles. Lineal descendants of the old Federalists, the American Whigs were simply the party of opposition to that militant democracy which received its most aggressive leadership from Andrew Jackson. It was, generally speaking, the party of the “best people”; that is to say, the people who showed the greatest respect for industry and integrity, the people in whose eyes Jackson was “that wicked man and vulgar hero.” Yet because it had no philosophical position, it was bound to take its position from that of the other party, as we have seen that Whiggism is doomed to do. During most of its short life it was conspicuously a party of “outs” arrayed against “ins.”

It revealed the characteristic impotence in two obvious ways. First, it pinned its hopes for victory on brilliant personalities rather than on dialectically secured positions. Clay, Webster, and Calhoun, who between them represented the best statesmanship of the generation, were among its leaders, but none of them ever reached the White House. The beau ideal of the party was Clay, whose title “the Great Compromiser” seems to mark him as the archetypal Whig. Finally it discovered a politically “practical” candidate in William Henry Harrison, soldier and Indian fighter, and through a campaign of noise and irrelevancies, put him in the Presidency. But this success was short, and before long the Whigs were back battling under their native handicaps.

Second, frustrated by its series of reverses, it decided that what the patient needed was more of the disease. Whereas at the beginning it had been only relatively pragmatic in program and had preserved dignity in method, it now resolved to become completely pragmatic in program and as pragmatic as its rivals the Democrats in method. Of the latter step, the “coonskin and hard-cider” campaign on behalf of Harrison was the proof. We may cite as special evidence the advice given to Harrison’s campaign manager by Nicholas Biddle of Philadelphia. “Let him [the candidate] say not a single word about his principles or his creed—let him say nothing, promise nothing. Let the use of pen and ink be wholly forbidden.”[66] E. Malcolm Carroll in his Origins of the Whig Party has thus summed up the policy of the Whig leaders after their round with Jackson: “The most active of the Whig politicians and editors after 1836, men like Weed, Greeley, Ewing of Ohio, Thaddeus Stevens, and Richard Houghton of Boston, preferred success to a consistent position and, therefore, influenced the party to make its campaign in the form of appeal to popular emotion and, for this purpose, to copy the methods of the Democratic Party.”[67] This verdict is supported by Paul Murray in his study of Whig operations in Georgia: “The compelling aim of the party was to get control of the existing machinery of government, to maintain that control, and, in some cases, to change the form of government the better to serve the dominant interest of the group.”[68] Murray found that the Whigs of Georgia “naturally had a respect for the past that approached at times the unreasonable reverence of Edmund Burke for eighteenth century political institutions.”[69]

But a party whose only program is an endorsement of the status quo is destined to go to pieces whenever the course of events brings a principle strongly to the fore. The American Union was moving toward a civil conflict in which ideological differences, as deep as any that have appeared in modern revolutions, were to divide men. As always occurs in such crises, the compromisers are regarded as unreliable by both sides and are soon ejected from the scene. It now seems impossible that the Whig Party, with its political history, could have survived the fifties. But the interesting fact from the standpoint of theoretical discussion is that the Democratic Party, because it was a radically based party, was able to take over and defend certain of the defensible earlier Whig positions. Murray points out the paradoxical fact that the Democratic Party “purloined the leadership of conservative property interests in Georgia and the South.”[70] It is no less paradoxical that it should have purloined the defense of the states’ rights doctrine thirty years after Jackson had threatened to hang disunionists.

The paradox can be resolved only by seeing that the Whig position was one of self-stultification; and this is why a rising young political leader in Illinois of Whig affiliation left the party to lead a re-conceived Republican Party. The evidence of Lincoln’s life greatly favors the supposition that he was a conservative. But he saw that conservatism to be politically effective cannot be Whiggism, that it cannot perpetually argue from circumstance. He saw that to be politically effective conservatism must have something more than a temperamental love of quietude or a relish for success. It must have some ideal objective. He found objectives in the moral idea of freedom and the political idea of union.

The political party which Abraham Lincoln carried to victory in 1860 was a party with these moral objectives. The Whigs had disintegrated from their own lack of principle, and the Republicans emerged with a program capable of rallying men to effort and sacrifice—which are in the long run psychologically more compelling than the stasis of security. But after the war and the death of the party’s unique leader, all moral idealism speedily fell away.[71] Of the passion of revenge there was more than enough, so that some of the victor’s measures look like the measures of a radical party. But the elevation of Grant to the presidency and the party’s conduct during and after the Gilded Age show clearly the declining interest in reform. Before the end of the century the Republican Party had been reduced in its source of appeal to the Whig argument from circumstance (or in the case of the tariff to a wholly dishonest argument from consequences). For thirty or forty years its case came to little more than this: we are the richest nation on earth with the most widely distributed prosperity; therefore this party advocates the status quo. The argument, whether embodied in the phrase “the full dinner pail” or “two cars in every garage” has the same source. Murray’s judgment of the Whig party in Georgia a hundred years ago: “Many facts in the history of the party might impel one to say that its members regarded the promotion of prosperity as the supreme aim of government,”[72] can be applied without the slightest change to the Republican Party of the 1920’s. But when the circumstance of this status quo disappeared about 1930, the party’s source of argument disappeared too, and no other has been found since. It became the party of frustration and hatred, and like the Whig Party earlier, it clung to personalities in the hope that they would be sufficient to carry it to victory. First there was the grass roots Middle Westerner Alf Landon; then the glamorous new convert to internationalism Wendell Willkie; then the gang-buster and Empire State governor Thomas Dewey. Finally, to make the parallel complete, there came the military hero General Dwight Eisenhower. Eisenhower can be called the William Henry Harrison of the Republican Party. He is “against” what the Democrats are doing, and he is admired by the “best” people. All this is well suited to take minds off real issues through an outpouring of national vanity and the enjoyment of sensation.

The Republican charge against the incumbent administration has been consistently the charge of “bungling,” while those Republicans who have based their dissent on something more profound and clear-sighted have generally drawn the suspicion and disapproval of the party’s supposedly practical leaders. Of this the outstanding proof is the defeat of the leadership of Taft. To look at the whole matter in an historical frame of reference, there has been so violent a swing toward the left that the Democrats today occupy the position once occupied by the Socialists; and the Republicans, having to take their bearings from this, now occupy the center position, which is historically reserved for liberals. Their series of defeats comes from a failure to see that there is an intellectually defensible position on the right. They persist with the argument from circumstance, which never wins any major issues, and sometimes, as we have noted, they are left without the circumstance.

I shall suggest that this story has more than an academic interest for an age which has seen parliamentary government exposed to insults, some open and vicious, some concealed and insidious. There are in existence many technological factors which themselves constitute an argument from circumstance for one-party political rule. Indeed, if the trend of circumstances were our master term, we should almost certainly have to favor the one-party efficiency system lately flourishing in Europe. The centralization of power, the technification of means of communication, the extreme peril of political divisiveness in the face of modern weapons of war, all combine to put the question, “What is the function of a party of opposition in this streamlined world anyhow?” Its proper function is to talk, but talking, unless it concerns some opposition of principles, is but the wearisome contention of “ins” and “outs.” Democracy is a dialectical process, and unless society can produce a group sufficiently indifferent to success to oppose the ruling group on principle rather than according to opportunity for success, the idea of opposition becomes discredited. A party which can argue only from success has no rhetorical topic against the party presently enjoying success.

The proper aim of a political party is to persuade, and to persuade it must have a rhetoric. As far as mere methods go, there is nothing to object to in the argument from circumstance, for undeniably it has a power to move. Yet it has this power through a widely shared human weakness, which turns out on examination to be shortsightedness. This shortsightedness leads a party to positions where it has no policy, or only the policy of opposing an incumbent. When all the criteria are brought to bear, then, this is an inferior source of argument, which reflects adversely upon any habitual user and generally punishes with failure. Since, as we have seen, it is grounded in the nature of a situation rather than in the nature of things, its opposition will not be a dialectically opposed opposition, any more than was Burke’s opposition to the French Revolution. And here, in substance, I would say, is the great reason why Burke should not be taken as prophet by the political conservatives. True, he has left many wonderful materials which they should assimilate. His insights into human nature are quite solid propositions to build with, and his eloquence is a lesson for all time in the effective power of energy and imagery. Yet these are the auxiliary rhetorical appeals. For the rhetorical appeal on which it will stake its life, a cause must have some primary source of argument which will not be embarrassed by abstractions or even by absolutes—the general ideas mentioned by Tocqueville. Burke was magnificent at embellishment, but of clear rational principle he had a mortal distrust. It could almost be said that he raised “muddling through” to the height of a science, though in actuality it can never be a science. In the most critical undertaking of all, the choice of one’s source of argument, it would be blindness to take him as mentor. To find what Burke lacked, we now turn to the American Abraham Lincoln, who despite an imperfect education, discovered that political arguments must ultimately be based on genus or definition.