Chapter XV: Introduction: I. Statement of admitted matter

A. The framers of the Constitution understood this question better
than we do.

II. Definition of terms.

A. “The frame of government under which we live” is the
Constitution of the United States.

1. The original Constitution.

2. The amendments.

B. “The fathers” were the thirty-nine men who signed the original
document.

C. The “question” which these fathers understood “just as well,
and even better, than we do now,” is: “Does the proper division
of local from Federal authority, or anything in the
Constitution, forbid our Federal Government to control as to
slavery in our Federal Territories?

III. The question is, therefore, “Did the framers of the constitution
understand that the Federal Government is prohibited from
controlling slavery in the territories?”

The affirmative answers The negative answers No,
Yes, for: for:
1. their words and actions 1. their words and actions
prove that the Federal prove that the Federal
Government is prohibited Government is given
from controlling slavery power to control slavery
in the territories. in the territories.
2. The first Congress framed 2. The first Congress which
annulments which deny contained sixteen of the
this power. “thirty-nine” exercised
this power.

IV. The special issues resulting from this clash of opinion are:

1. Did the words and actions of the framers of the Constitution
show that the Federal Government is prohibited from controlling
slavery in the territories?

2. Did the First Congress, which contained a part of these framers
and which understood their intentions, show that it believed
the Federal Government to be prohibited from controlling
slavery in the territories?

The foregoing introduction shows well the brevity and directness which should characterize the first division of a brief. The subject-matter indicates the impartial manner in which the subject is discussed throughout the introduction. Nothing is stated which requires proof. The speaker selects common ground upon which both parties to the controversy have agreed to stand. From this position he leads his opponents by logical steps to the arguments which he advances. When the student has once found the main issues he should eliminate all useless steps in the analysis and present with clearness and force the necessary parts of the process which lead directly to the proof.

_5. The main statements in the proof should correspond to the main issues set forth in the introduction, and should read as reasons for the truth of the proposition._

The object of the introduction to the brief is to set forth the main issues. In like manner the object of the proof is to set forth the evidence which supports these main issues. Therefore the main issues constitute the main headings of the second division of the brief. Moreover, these main issues must all read directly as reasons for the truth of the proposition. To illustrate this rule, let us consider the following example.

BRIEF

PROPOSITION: Resolved, that the policy of protection should be abandoned
by the United States.