Secret Band of Brothers Part 18

The fostering power which _intemperance_ derives from the excitements of the gaming-table, would itself prove an effectual argument against this monstrous infatuation, if no other existed. But when we find intoxication, only one of a legion of vices that attend on it--and that fraud, cheating, forgery, swindling, robbery, murder, and suicide, are its unfailing companions--we may well marvel that it should find any man so reckless of public opinion, as to venture its championship. Mr.

Freeman went so far in this mad advocacy of his darling pursuit, as to justify _suicide_! In this, however, he was perfectly consistent--for if gaming of any kind is right, so is murder, robbery, and suicide. In this, Mr. Freeman over-reached himself--and by attempting too much, exposed the futility and weakness of his case.

One fact, of a highly useful import, was established by this debate--and having received the concurrent attestation of Mr. Freeman, must now be considered as no longer open to doubt--that _cheating_ is a necessary part of gaming, from which even _honourable_ gamblers--(what a revolting solecism!)--do not shrink! But this is not the worst of the admissions made, in the course of this debate--which we here enumerate:

1. The winner is always in danger of murder--and runs for his life.

2. The loser becomes a cheat, a murderer, a suicide, or a drunkard.

3. The tortures of the d.a.m.ned are common to all gamblers, winners and losers.

4. Deception and lying are their common attributes.

5. Outlawed by public opinion--they wage implacable war against the morals, peace, and happiness of society.

So many allusions have been made to the Laws of Ohio and Pennsylvania against gambling, that it is thought necessary to append them here, that the reader may judge for himself how far the charges of impolicy, partiality, and non-efficiency are justified by these instruments.

[_Law of Pennsylvania for the Suppression of Gambling, drafted by_ J. H. GREEN.]

SECTION 1. _Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General a.s.sembly met, and it is hereby enacted by the authority of the same_, That if any person shall keep a room, building, arbour, booth, shed, or tenement, to be used or occupied for gambling, or shall, knowingly, permit the same to be used or occupied for gambling; or if any person, being the owner of any room, building, arbour, booth, shed, or tenement, shall rent the same to be used or occupied for gambling, the persons so offending shall, on conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars; and if the owner of any room, building, arbour, booth, shed, or tenement, shall know that any gaming-tables, apparatus, or establishment is kept or used in such room, building, arbour, booth, shed, or tenement, for gambling, and winning, betting, or gaining money, or other property, and shall not forthwith cause complaint to be made against the person so keeping or using such room, building, arbour, booth, shed, or tenement, he shall be taken, held, and considered to have knowingly permitted the same to be used and occupied for gambling.

SECT. 2. If any person shall keep or exhibit any gaming-table, establishment, device, or apparatus to win or gain money, or other property of value, or to aid, a.s.sist, or permit others to do the same; or if any person shall engage in gambling for a livelihood, or shall be without any fixed residence, and in the habit or practice of gambling, he shall be deemed and taken to be a common gambler, and upon conviction thereof, shall be imprisoned and kept at hard labour in the penitentiary not less than one, nor more than five years, and be fined five hundred dollars, to be paid into the treasury of the county where such conviction shall take place, for the use of common schools therein, to be divided among the accepting school districts in such county, in proportion to the number of taxable inhabitants in each district.

SECT. 3. If an affidavit shall be filed with the magistrate before whom complaint shall be made of an offence against any provision of this act, stating that the affiant has reason to believe, and does believe, that the person charged in such complaint has upon his person, or at any other place named in such affidavit, any specified articles of personal property, or any gaming-table, device, or apparatus, the discovery of which might lead to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer, who is authorized to arrest the person so charged, to make diligent search for such property and table, device, or apparatus; and if found, to bring the same before such magistrate, and the officer so seizing shall deliver the same to the magistrate before whom he takes the same, who shall retain possession, and be responsible therefor until the discharge, or commitment, or letting to bail of the person charged; and in case of such commitment, or letting to bail of the person so charged, such officer shall retain such property, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction. And in case of the conviction of such person, the gaming-table, device, or apparatus shall be destroyed, and the property shall be liable to pay any judgment which may be rendered against such person; and after the payment of such judgment and costs, the surplus, if any, shall be paid to the use of the common schools aforesaid, and in case of the discharge of such person by the magistrate, or court, the officer having such property in his custody shall, on demand, deliver it to such person.

SECT. 4. If any person called to testify on behalf of the state before any justice of the peace, grand-jury, or court, upon any complaint, information, or indictment, for any offence made punishable by this act, shall disclose any fact tending to criminate himself in any manner made punishable by this act, he shall thereafter be discharged of and from all liability to prosecution or punishment for such matter or offence.

SECT. 5. It shall be lawful for any justice of the peace, chief magistrate of any munic.i.p.al incorporation, or judge of any court of Common Pleas, upon complaint upon an oath, that any gaming-table, establishment, apparatus, or device is kept by any person for the purpose of being used to win or gain money or other property, by the owner thereof, or any other person, to issue his warrant, commanding any sheriff, or constable, to whom the same shall be directed, within the proper jurisdiction, after demanding entrance to break open and enter any house or other place wherein such gaming establishment, apparatus, or device shall be kept, and to seize and safely keep the same, to be dealt with as hereinafter provided.

SECT. 6. Upon return of said warrant executed, the authority issuing the same shall proceed to examine and inquire touching the said complaint, and if satisfied that the same is true, he shall order the officer so seizing such gaming establishment, apparatus, or device, forthwith to destroy the same; which order the said officer shall proceed to execute in the presence of said authority, unless the person charged as keeper of said gaming establishment, apparatus, or device, shall, without delay, enter into a recognisance in the sum of six hundred dollars, with sufficient sureties, to be approved by said authority, for the appeal of said complaint to the Court of Common Pleas, next to be held in the proper county, conditioned that the defendant will appear at the next term of the court to which he appeals, and abide the order of said court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offence charged, and judgment be rendered against him in said court.

SECT. 7. The officer taking such recognisance shall return the same to the clerk of the court to which said appeal is taken forthwith, and such clerk shall file the same in his office, and the complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction thereof, the appellant shall be fined not more than fifty dollars, and shall pay the costs of prosecution; and such gaming establishment, apparatus, or device shall be destroyed.

SECT. 8. If any person or persons shall, through invitation or device, persuade or prevail on any person or persons to visit any room, building, arbour, booth, shed, or tenement, kept for the use of gambling, he or they shall, upon conviction thereof, be held responsible for the money or properties lost by such invitation or device, and fined in a sum not less than fifty, and not more than five hundred dollars.

SECT. 9. It shall be the duty of all sheriffs, constables, and all prosecuting attorneys to inform and prosecute all offenders against this act, and upon refusal thereof, they shall pay a fine of not less than fifty, nor more than five hundred dollars.

SECT. 10. This act shall be given in charge to the Grand Jury, by the President Judge of the Court of Quarter Sessions in the respective counties.

SECT. 11. This act shall take effect on the first day of July next.

[_Law of Ohio for the suppression of Gambling, drafted by_ J. H. GREEN.]

SECTION 1. _Be it enacted by the General a.s.sembly of the State of Ohio_, That if any person shall keep a room, building, or arbour, booth, shed, or tenement, to be used or occupied for gambling, or shall, knowingly, permit the same to be used or occupied for gambling; or if any person, being the owner of such room, building, arbour, booth, shed, or tenement, shall rent the same to be used or occupied for gambling, the persons so offending shall, on conviction thereof, be fined in any sum not less than fifty dollars, nor more than five hundred dollars; and if any owner of any room, building, arbour, booth, shed, or tenement, shall know that any gambling-tables, apparatus, or establishment, is kept or used in such room, building, arbour, booth, shed, or tenement, for gambling, and winning, betting, or gaining money, or other property, and shall not forthwith cause complaint to be made against the person so keeping or using the room, building, arbour, booth, shed, or tenement, he shall be taken, held, and considered to have knowingly permitted the same to be used and occupied for gambling.

SECT. 2. If any person shall keep or exhibit any gaming-table, establishment, device, or apparatus to win or gain money, or other property of value, or to aid or a.s.sist, or permit others to do the same; or if any person shall engage in gambling for a livelihood, or shall be without any fixed residence, and in the habit or practice of gambling, he shall be deemed and taken to be a common gambler, and upon conviction thereof, shall be imprisoned and kept at hard labour in the penitentiary not less than one, nor more than five years, and be fined five hundred dollars, to be paid into the treasury of the county where such conviction shall take place, for the use of common schools therein.

SECT. 3. If an affidavit shall be filed with the magistrate before whom complaint shall be made of an offence against any provisions of this act, stating that the affiant has reason to believe, and does believe, that the person charged in such complaint has upon his person, or at any other place named in such affidavit, any money, or any specified articles of personal property, or any gaming-table, device, apparatus, the discovery of which might tend to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer, who is authorized to arrest the person so charged, to make diligent search for such money or property, and table, device, or apparatus; and if found, to bring the same before such magistrate--and the officer seizing the same, shall retain possession thereof, subject to the order of the magistrate before whom he takes the same, until the discharge, or commitment, or letting to bail of the person charged; and in case of such commitment, or letting to bail of the person so charged, such officer shall retain such property, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction. And in case of the conviction of such person, the gaming-table, device, or apparatus shall be destroyed, and the money and other property shall be liable to pay any judgment which may be rendered against such person; and in case of the discharge of such person by the magistrate, or court, the officer having such property in his custody, shall, on demand, deliver it to such person.

SECT. 4. If any person called to testify on behalf of the state before any justice of the peace, grand-jury, or court, upon any complaint, information, or indictment, for any offence made punishable by this act, shall disclose any fact tending to criminate himself in any matter made punishable by this act, he shall thereafter be discharged of and from all liability to prosecution or punishment for such matter of offence.

SECT. 5. It shall be lawful for any justice of the peace, chief magistrate of the munic.i.p.al incorporation, or judge of any court of common pleas, upon complaint on oath, that any gaming-table, establishment, apparatus, or device is kept for the purpose of being used to win or gain money or other property, by the owner thereof, or any other person, to issue his warrant, commanding any sheriff, constable, or marshal of any munic.i.p.al corporation to whom the same may be directed, within the proper jurisdiction, after demanding entrance, to break open and enter any house or other place where such gaming establishment, apparatus, or device shall be kept, and to seize and safely keep the same, to be dealt with as hereafter provided.

SECT. 6. Upon the return of said warrant executed, the authority issuing the same shall proceed to examine and inquire touching the said complaint, and if satisfied the same is true, he shall order the officer so seizing such gaming establishment, apparatus, or device, forthwith to destroy the same; which order the said officer shall proceed to execute in the presence of said authority, unless the person charged as keeper of said gaming establishment, apparatus, or device, shall, without delay, enter into a recognisance in the sum of two hundred dollars, with sufficient sureties, to be approved by said authority, for the appeal of said complaint to the Court of Common Pleas, next to be held in the proper county, conditioned that the defendant will appear at the next term of the court to which he appeals, and abide the order of such court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offences charged, and judgment be rendered against him in said court.

SECT. 7. The officer taking such recognisance shall return the same to the clerk of the court to which said appeal is taken forthwith, and such clerk shall file the same in his office, and complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction, the appellant shall be fined not more than fifty dollars, and shall pay the costs of prosecution; and such gaming establishment, apparatus, or device shall be destroyed.

SECT. 8. It shall be the duty of all sheriffs, constables, marshals of incorporated cities, towns, and boroughs, and of all prosecuting attorneys, to inform and prosecute all offences against this act.

SECT. 9. This act shall be given in charge to the Grand Jury, by the President Judge of the Court of Common Pleas in the respective counties.

SECT. 10. This act shall take effect on the first day of March next.

ELIAS F. DRAKE, _Speaker of the House of Representatives._

SEABURY FORD, _Speaker of the Senate._

Jan 17, 1846.

During the three evenings of the debate the Lecture-room of the Museum was crowded with a most respectable audience; and thousands must have read the reports given by the different Newspapers on the following mornings. Throughout the community there was considerable excitement, and we have no doubt that good has already resulted. The evils of gambling are now familiar to many who never previously thought upon the subject; and the excuses and defences urged for partic.i.p.ating in the vice have been stripped of their fallacious guises. For this work we owe many thanks to the conductors of the public press who have come forth ably and willingly to our a.s.sistance.

But we trust that the immediate advantages from the discussion are not the only ones. It will be perceived from the reports given, that we met with no common opponent. Mr. Freeman is perhaps not excelled, if he has an equal, among gamblers, for talent, learning, and, what is more rare, candour and honesty of character. From a lecture which he has since delivered, we learn that he was on a professional visit to Philadelphia, where he had bought some implements for gambling and was about to return to the South, when his attention was arrested by a notice in a paper that Mr. Green was to give a lecture in the Museum on the following evening. For some years he had formed a resolution that if ever he had an opportunity of hearing him, he would embrace it, and he now concluded that he would stay another day for that purpose. He did so, attended his lecture, and from antipathy to himself and the course he was pursuing, was induced to send the challenge to the Sun newspaper which led to the debate in the preceding pages. It is not improbable that while thinking on the points he proposed to defend, his naturally acute mind perceived their fallacy, as there was a gradual shifting of his position from the subject of the original challenge, till on the last evening of the debate he ended with the astonishing announcement that on the Tuesday following he would deliver a lecture _against gambling_ in the same place. Since then, he has delivered several lectures on the same subject, has taken the temperance pledge, been admitted into one of the divisions of the Sons of Temperance, and promises fair to be an efficient labourer in the cause of truth and virtue. Like Paul, he seems to have been arrested midway in his career, and by the power of conscience compelled to build up what he once exerted himself to destroy. May G.o.d prosper him in his labours, and give him grace to continue unto the end.

[_Recommendation._]

Cincinnati, _July_, 1843.

We, the undersigned, believing that Mr. J. H. Green's proposed publication ["The ARTS AND MISERIES OF GAMBLING"] will be eminently useful in counteracting one of the most pernicious and demoralizing vices of the age, take great pleasure in recommending it to the patronage of the public.

Rev. CHARLES ELLIOTT, _Editor of the Western Christian Advocate_.

Rev. L.L. HAMLINE, _Bishop of the Methodist Episcopal Church_.

D.K. ESTE, _Judge of the Superior Court, Cin. Ham. Co_.

Rev. JAMES P. KILBRETH.

SAMUEL WILLIAMS.

JOHN McLEAN, _Judge of the United States Court._

Rev. W.H. RAPER.

THOMAS J. BIGGS, _President of the Cincinnati College._