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Updated: June 1, 2025
No provision having been made at the last session of Congress for the ascertainment of the claims to be paid and the apportionment of the funds under the convention made with Spain, I invite your early attention to the subject.
But for the particular purpose of conducting discovery with a view to ascertainment of fact, the latter relations are fundamental. The more one emphasizes organization as a mark of science, then, the more he is committed to a recognition of the primacy of method in the definition of science. For method defines the kind of organization in virtue of which science is science.
I have said nothing adequate about the railway system, or the electric telegraph, nor about the calculus, or lithography, the airpump, or the voltaic battery; the discovery of Uranus or Neptune, and more than a hundred asteroids; the relation of meteoric streams to comets; nothing of the expeditions by land and sea that have been sent forth by various governments for the determination of important astronomical or geographical questions; nothing of the costly and accurate experiments they have caused to be made for the ascertainment of fundamental physical data.
There must be something which determines how much of one commodity another commodity will purchase; and there is no reason to suppose that the law of exchangeable value is more difficult of ascertainment in this case than in other cases. The law, however, cannot be precisely the same as in the common cases.
One of the gravest of the problems which appeal to the wisdom of Congress for solution is the ascertainment of the most effective means for increasing our foreign trade and thus relieving the depression under which our industries are now languishing. The Secretary of the Treasury advises that the duty of investigating this subject be intrusted in the first instance to a competent commission.
The process employed in the trials of those accused of heresy in Spain rejected every reasonable means for the ascertainment of truth. The prisoner was assumed to be guilty, the burden of proving his innocence rested on him; his judge was virtually his prosecutor. All witnesses against him, however infamous, were admitted.
For as soon as we ask, "How much mind is necessary to start with?" we have to answer, "Any mind at all"; and all the animals are possessed of some of the actions which we associate with mind. Of course, the ascertainment of the truth of this belongs as the ascertainment of all the truths of nature belongs to scientific investigation itself.
There is need for integrated governmental machinery to provide the successive steps of mediation, voluntary arbitration, and ultimately in appropriate cases ascertainment of the facts of the dispute and the reporting of the facts to the public. Such machinery would facilitate and expedite the settlement of disputes.
No provision having been made at the last session of Congress for the ascertainment of the claims to be paid and the apportionment of the funds under the convention made with Spain, I invite your early attention to the subject.
Nearly all, moreover, accept the distinction drawn between justiciable issues, relating to the application or interpretation of laws or to the ascertainment of facts by means of legal evidence, which are suitable for settlement by a judicial or arbitral process, and those which, not being capable of such settlement, are better suited for a looser process of inquiry and conciliation.
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