,gambling3 ,or1 ,fortuna1 her ,temple and ,shrine4 ,the ,true ,philosophy and ,ethics of ,gambling4 ,by ,james ,harold ,romain4 ,illustration ,,chicago3 ,,the ,,craig ,,press4 #ahia ,,copyright1 #ahia4 ,,james ,,harold ,,romain4 ,publisher's ,note to the ,public4 ,america is free and her people boast of her freedom in every realm of thought and every department of activity4 ,her pride is a form of discussion from which no man is excluded because of the opinions he may advocate4 ,we declare a man should be heard in the very face of prejudice or passion4 ,mr4 ,romain's book1 in our judgment1 is entitled to publication for other reasons than those above mentioned4 ,it is replete with learning1 and original in conception4 ,the philosophy is broad and the tone dignified4 ,patient research is manifest in every page4 ,every branch of knowledge has been made to contribute its force to the argument4 ,the work is a mine of information in political speculation1 social science and moral philosophy4 ,mr4 ,romain is obviously in sympathy with the widest possible circle of culture4 ,for that reason1 if for no other1 what he has to say is entitled to a respectful consideration4 ,his book is unique in design and wrought out with vigor4 ,his appeal is to philosophy1 science and history2 not to idle curiosity1 purposeless gossip1 or the unimportant 8personal equation0 to which others have been so prone4 ,in the interest of fair play1 but1 confessedly1 with no sympathy for gambling1 the book is offered to the people to decide as to the correctness of its conclusions4 ,,adam ,,craig1 ,publisher4 ,this book is dedicated ,to the ,hon4 ,john ,cameron ,simonds1 by the author1 as a token of esteem for his fair-mindedness and sense of justice4 ,although that gentleman is not a gamester1 nor in sympathy with the pursuit1 yet the author desires thus to acknowledge his indebtedness to him for many valuable suggestions in the preparation of this work4 ,illustration ,,preface4 ,two doughty knights1 clad cap-a-pie in burnished mail1 once journeyed forth in search of martial adventure4 ,their noble steeds all caparisoned for war1 both wandered up and down through the world1 defending the fair and protecting the weak4 ,betimes they chance to meet where stood in majestic beauty a bronze statue of victory4 ,in her right hand the goddess clasped a sword1 while in graceful pose her left rested upon an gis richly wrought in the precious metals4 ,approaching from opposite directions1 to one warrior the shield appeared as of gold1 while to the other it was of silver4 ,low were bowed their crested helms in courtly salutations4 8,comely1 ,sir ,knight10 said one1 8comely and noble is this figure40 8,yea1 thou hast spoken truly10 was the reply4 8,precious1 very precious10 rejoined the first1 8must be yon golden targe40 8,nay1 ,sir ,knight1 it is of silver1 ,i trow40 8,by my lady1 thou liest10 quickly came the hot retort4 ,then1 prancing chargers well in hand1 with lances lowered to deadly level1 they prepared for the 8wager of battle40 ,both were unhorsed in the onslaught4 ,regaining an upright posture1 with swords drawn to renew the duel1 each observed that his reverse of the shield was what the other had contended for4 ,moral3 ,it is wise to look first upon both sides of the subject4 ,not so1 it is evident1 has it been with books heretofore devoted to a discussion of gambling4 ,their authors professed an exposition of gaming in the interest of morality4 ,well may some of the books be read for their wealth of information and excellent diction4 ,some have been earnest1 in places eloquent1 and often suggestive4 ,vivid and dramatic are the descriptions of a passion that has possessed the world in all ages2 yet1 that the various assaults were conceived in wisdom1 or that they have resulted in permanent good1 ,i am constrained to deny4 ,true1 ,i believe with ,sir ,walter ,raleigh1 that out of history may be gathered a policy no less wise than eternal2 8by the comparison and application of other men's forepassed miseries with our own like errors and ill-deservings40 ,but why did it not occur to these writers that circumstances should not be recorded merely because they have happened2 that events deserve memorial only because they illustrate some great principle2 because some inference is to be drawn from them1 which may increase the happiness or enlarge the powers of man8 ,that it did not1 we must infer from the pages they have given to the world4 ,cicero declared that 8,history is the light of truth40 ,in vain1 however1 do we look for a consideration of causes in any history of gambling4 8,histories10 said ,carlyle1 8are as perfect as the historian is wise40 ,is that book wise wherein no adequate remedy is suggested for the evil it depicts8 ,although interesting1 such a work is but a chronicle devoid of moral purpose4 ,it is clear1 to dwell upon the follies of man will not cure them2 that it will not strengthen humanity merely to portray their weaknesses4 ,the passion our author would combat is rooted in the soul4 8,whose powers at once combat ye1 and control1 ,whose magic bondage each lost slave enjoys40 ,how would you extirpate the evil1 if such it is8 ,expose a folly1 you may say1 and wisdom will turn from it4 ,you would have us believe1 perhaps1 that3 8,wisdom from heaven received her birth2 ,her beams transmitted to the subject ,earth40 ,and yet 8,this great empress of the human soul ,does only with imagined power control1 ,if restless passion1 by rebellious sway1 ,compels the weak usurper to obey40 ,so far as the history of gambling has ignored causes and neglected remedies1 it is incomplete4 ,that it is deficient in both is my reason for this book4 ,some one should begin the subject where other authors have deserted it4 ,i have long made a study of gaming in all its aspects and relations2 aiming1 the while1 at breadth1 impartiality and thoroughness4 ,at first my reading was not conducted with a view to authorship4 ,i desired information for its own sake4 ,as a gamester1 ,i sought the philosophy of gaming4 ,what is chance8 ,how far does it influence all mankind and circumscribe their efforts8 ,what is gambling1 in the broadest sense of the term8 ,is gaming wrong per se3 i4e41 absolutely vicious8 ,where in human nature is the passion grounded8 ,why does the propensity exist8 ,is it an inevitable tendency of human nature8 ,what is morality8 ,wherein does the gambler differ from other men8 ,how should his occupation be distinguished from business generally8 ,how far may the conduct of an individual be dictated by society8 ,how may the essentially punitive be distinguished from that which is not so8 ,what are the true limits of ,state power in relation to appetites and propensities8 ,are sumptuary laws effectual8 ,does history1 as the philosophy of example1 justify such enactments8 ,can the law eradicate innate tendencies8 ,can character be transformed by statute8 ,is it possible to legislate morality into mankind8 ,what should be the policy of statesmen and reformers in the realm of morals8 ,if it is not possible to extirpate the passions by law1 how may they be regulated1 directed1 educated and purified8 ,such were the problems that confronted my understanding4 ,each and all were resolved to the best of my knowledge and capacity4 ,i make my observations public in the interests of fair play and common sense4 ,i am at least entitled to the literary chances of a reading age4 ,i have dallied with fickle fortune for years4 ,as gamester1 ,i anticipated prejudices against the pursuit4 ,my deductions are amply fortified1 therefore1 from the mature studies of great and wise men4 ,i did not expect my book to stand unsupported4 ,it is substantiated1 throughout1 by the teachings of profound and impartial philosophers4 ,,contents4 ,page ,,publisher',s ,,note1 #c ,,dedication1 #e ,,preface1 #g ,,introduction1 #ai ,,the ,,worship ,,of ,,fortuna1 #bg ,,what ,,is ,,truth2 ,,or1 ,,the ,,philosopher',s ,,stone8 #df ,,the ,,destinies2 ,,or1 ,,the ,,reign ,,of ,,law1 #ajc ,,legislative ,,exorcism2 ,,or1 ,,the ,,belief ,,in ,,word-,,magic1 #aci 8,,the ,,king ,,is ,,dead--,,long ,,live ,,the ,,king601 #baa ,introduction4 ,illustration ,,introduction4 ,a traveler once sought to explore an unknown country4 ,compass he had not1 and both chart and guide were wanting4 ,in the distance a mountain loomed above the plain4 ,to its summit our traveler made his way4 ,from thence he beheld the region stretching away in all directions4 ,the land he would traverse the eye could now sweep from center to circumference4 ,it was not possible to know the landscape in detail1 but the relative proportions1 distances and boundaries were unfolded at his feet4 ,so1 when properly conceived1 with the introduction to a book4 ,a perspective of the topic is conducive to a better understanding of its scope and purpose4 ,my object is to sustain the following propositions3 ,first4--,men have gambled in all ages of the world4 ,that they will continue to do so is a reasonable presumption4 ,to gamble would seem instinctive--inherent in the souls of mankind and fostered by the very nature of their environment4 ,history reveals that all alike are possessed by this subtle passion--male and female1 young and old1 good and bad1 wise and unwise1 rich and poor1 the exalted and the lowly4 ,in every century may be seen a motley throng kneeling in devotion at the feet of ,fortuna4 ,eagerly about her shrine press the mighty concourse of emperors1 kings1 chieftains1 statesmen1 ecclesiastics1 savants1 philosophers1 poets1 soldiers and the wayfaring4 ,now and ever will mankind court the mysterious and uncertain4 ,second4--,to define a wager is to defy intolerance of opinion4 ,truth is not absolute but relative4 ,it is not to be established ex cathedra4 ,moralists are not in a position to denounce gambling per se4 ,they are not yet agreed upon the unconditioned principles of right and wrong4 ,before it can speak with authority1 moral philosophy must find an ultimate1 self-evident and irrefragable foundation4 ,that it is essentially criminal or necessarily vicious to invoke a chance has never been demonstrated4 ,to live is to gamble4 ,we all wager in one way or another4 ,luck is appealed to in every department of human activity4 ,everywhere uncertainty is the rule and certainty the exception4 ,in the business world vast realms are specifically founded upon the doctrine of chances4 ,if absolutely wrong1 then gambling should be discountenanced in all persons under every circumstance4 ,in whatever guise it should be condemned as a principle4 ,until this has been done society is not in a position to punish in one person what it permits or commends in another4 ,in its treatment of gambling the law is now inconsistent1 unjust and hypocritical4 ,third4--,man is the creature of circumstances4 ,society is an organism conditioned by its environments4 ,every nation must complete a cycle of infancy1 youth1 manhood and old age4 ,briefly1 history is a science--an unbroken chain of causes and effects throughout the ages4 ,volition1 so-called1 is delusive and shadowy--more apparent than real4 ,at best1 we but yield to the greatest pressure of temperament or motive4 ,human nature1 in a word1 is the result of inevitable tendencies4 ,the passions are inherent and cannot be violently uprooted4 ,character is innate and not subject to arbitrary reform by extrinsic force4 ,here1 as elsewhere1 evolution is the law of existence4 ,while our appetites and propensities may be educated1 they can never be obliterated4 ,social and political philosophy have repeatedly deduced these truths from the history of man4 ,in the field of reform officialism has been repudiated by the greatest thinkers4 ,legislation1 therefore1 should conform to the light of experience and the dictates of science4 ,ergo3 in the future1 as in the past and present1 the gaming passion will everywhere assert itself1 despite repressive legislation1 however severe4 ,fourth4--,sumptuary statutes are futile and impertinent4 ,they are to-day and ever have been indefensible and impolitic4 ,such laws are an infringement upon individual rights and an insult to human nature4 ,officious and pharisaical legislation in the province of morals and taste should be abandoned once and forever4 ,per se1 to gamble is neither a sin nor a crime4 ,for the law to punish the practice is futile and unwarranted4 ,conclusion4--,an enlightened age demands the overthrow of an effete administrative policy4 ,in the realm of morals1 let that be wisely guided which the law cannot prevent4 ,gambling1 with certain conditions1 should be licensed and placed under the surveillance of a police4 ,the ,worship of ,fortuna4 ,illustration ,,chapter ,i4 ,the ,worship of ,fortuna4 ,reader1 in imagination go backward with me more than #bj centuries4 ,enter with me the magnificent and imposing ,temple of ,fortuna1 in old ,prneste4 ,we are within the portico of that stately hemicycle4 ,far above is the marble dome1 and about us cluster the snowy columns4 ,as it is early morn1 flamens and virgins are assembled inside the sacred precincts4 ,they are grouped about the flaming tripod1 and the robes of purple and white blend in harmony of color4 ,the sanctuary is redolent with burning incense4 ,a golden image of the goddess1 in heroic mould1 flashes back the rays of sunlight that penetrate the inner shadows4 ,a solemn chant entrances the ear1 and our eyes turn to the westward4 ,before us expands the ,campagna1 ninety miles in length and twenty-seven in breadth4 ,the undulating plain stretches away in all directions until it sinks into the sea2 thickly studded is the superb picture with prosperous cities and 8every rood of ground maintains its man40 ,everywhere is presented an appearance of comfort and rich cultivation4 ,yonder1 ,mount ,albanus towers to a height of #c1jjj feet above the sea4 ,looming majestically above its topmost peak is the ,temple of ,jupiter ,latiaris4 ,the grandeur of mighty ,rome is at our feet1 a splendid and stupendous panorama of temples1 amphitheatres1 basilicas1 palaces1 circuses1 baths1 arches and aqueducts4 ,such was the spot dedicated to ,fortuna by the ancient ,prnestians4 ,she was more deeply enshrined in their hearts than ,olympian ,jove himself4 ,prneste flourished before the birth of ,christ or the glory of ,rome4 ,the noble city occupied a projecting point or spur of the ,apennines and was distant from ,rome1 due east1 about twenty-three miles4 ,above its walls towered the ,temple of ,fortuna4 ,the ,temple proper was circular in form and crowned the summit of a hill more than #b1djj feet above the ,mediterranean level4 ,standing out boldly against the sky1 its majestic outlines were visible from a great part of ,latium4 ,as extended by ,sulla1 the sanctuary occupied a series of six vast terraces1 which1 resting on gigantic substructions of masonry1 and connected with each other by grand staircases1 rose one above the other on the hill1 in the form of a pyramid4 ,closely associated with the ritual of the ,temple were the 8,prnestine ,lots10 or ,sortes ,prnestin1 and in existence at the beginning of the ,christian era4 ,constantine1 and subsequently ,theodosius1 suppressed the oracle4 ,its celebrity is attested by ,lucan1 ,horace and ,ovid4 ,cicero speaks of the great antiquity and magnificence of this shrine4 ,numerous were the great men who petitioned the ,prnestine ,fortuna for assistance4 ,of the number may be mentioned ,tiberius1 ,domitian and ,alexander ,severus4 ,even ,sulla sought to propitiate the goddess before engaging in his successful wars with ,mithridates4 ,plutarch tells us of ,timotheus1 the ,athenian1 son of ,conon1 who1 8when his adversaries ascribed his successes to his good luck1 and had a painting made representing him asleep1 and ,fortune by his side1 casting her nets over the cities1 was rough and violent in his indignation at those who did it1 as if1 by attributing all to ,fortune1 they had robbed him of his just honors2 and said to the people1 on one occasion1 at his return from war3 #8,in this1 ye men of ,athens1 ,fortune had no part6' ,a piece of petulance which the deity played back upon ,timotheus2 who1 from that time1 was never able to achieve anything that was great40 8,sylla10 he continues1 8on the contrary1 not only accepted the credit of such divine favors with pleasure1 but gave the honor of all to ,fortune4 ,he once remarked3 #8that of all his well-advised actions1 none proved so lucky in the execution1 as what he had boldly enterprised1 not by calculation1 but upon the moment4' ,he gave ,fortune a higher place than merit1 and made himself #8entirely the creature of a superior power4'0 ,the ,goddess of ,chance1 or ,good ,luck1 actually existed in the imagination of the ancients4 ,chapman writes3 8,the old ,scythians ,painted blind ,fortune's powerful hands with wings1 ,to show1 her gifts come swiftly and suddenly1 ,which1 if her favorites be not swift to take1 ,he loses them forever40 ,temples to ,fortuna 7the ,greek ,tyche7 dotted the sunlit landscape from ,thebes to ,rome4 ,she was adored by the ,etrurians as ,nortia4 ,originating near ,mount ,parnassus1 her worship gradually extended into all parts of ,greece and ,italy4 ,antium1 an opulent and powerful city of ,latium1 was once celebrated for its splendid temple of ,fortune4 ,history discloses not a period1 however remote1 when ,fortuna was not a favorite with the ,latins4 ,numa ,pompilius daily prostrated himself before her altar1 and the ceremonial received a new impetus from his pious grandson1 ,ancus ,martius4 ,servius ,tullius ascribed his power and success to the gods4 ,especially did he assume the protection of ,fortuna4 ,two temples were erected to her by this great king1 one in the ,forum ,boarium and the other on the ,tiber4 ,by some it is said that the edifices were respectively dedicated to ,bona ,fortuna and ,fors ,fortuna4 ,yet another gorgeous structure afterward graced the ,quirinal4 ,precisely when the mythological system lost its influence is not known4 ,it is not true1 however1 as was once generally believed1 that immediately after the birth of ,jesus the oracles were forever hushed4 ,while1 long prior to that event1 many fanes had been deserted1 yet others continued to flourish for at least two centuries thereafter4 ,before the ,christian era1 ,mythology had been repudiated by ,philosophy and ,science4 ,to the learned it was at best but expressive of the principles back of natural phenomena4 ,only because it was largely identified with the state1 did it receive the support of politicians4 ,yielding to the spirit of ,christianity1 the ,olympian deities departed with the decline of ,rome as a pagan power4 ,of all the shining throng that beautified the ,pantheon1 ,fortuna alone refused to abdicate a sovereignty she would exercise to the end of time4 ,true1 the exquisite forms in which she had charmed the eye were destroyed and her temples razed with the earth2 yet has ,fortuna continued her uninterrupted sway over the hearts of men4 ,sanctuaries and statutes were not necessary to her supremacy in the world4 ,she was enshrined in the soul--her worship instinctive in the very nature of humanity4 ,where is the epoch of ,christendom in which an innumerable multitude have not worshiped this imperial goddess8 ,among her devotees may be included men famous in every department of life3 politics1 statesmanship1 war1 eloquence1 philosophy1 science1 art1 literature and the liberal professions4 ,a review of the brilliant procession is profoundly suggestive4 ,great ,cyrus1 who founded the ,persian monarchy2 ,darius1 who originated centralized imperialism and reduced it to a system2 ,artaxerxes ,third1 the greatest administrator of remote antiquity2 ,miltiades1 a name associated with the glories of ,marathon1 once designated 8freedom's best and bravest friend20 ,themistocles1 to whom may be fairly ascribed the victory at ,salamis2 ,simonides1 gentle and patient1 the poet of nationality and patriotism2 ,aristophanes1 the great father1 and ,menander1 the acknowledged master of ,greek comedy2 ,pericles1 the 8,olympian ,zeus of oratory10 a great statesman and one of the most remarkable characters of ,greece2 ,plato1 whose name is synonymous with all that is most exalted in idealism2 ,xenophon1 a friend and pupil of ,socrates1 and to whom the world is indebted for 8,memorabilia10 8,anabasis10 and 8,cyropdia20 ,demosthenes1 known to oratory as the 8greatest ,hellenic star20 ,isocrates1 his contemporary1 the distinguished rhetorician2 ,philip of ,macedon1 the famous father of a more famous son2 great ,alexander1 8,child of ,zeus10 8,son of ,peleus10 familiar to every schoolboy as the greatest of military conquerors4 ,in the resplendent story of ,rome are ,scipio ,africanus1 a military genius1 and the conqueror of ,hannibal2 ,cornelius ,sulla1 the great general1 sagacious politician1 accomplished scholar1 8one of the most remarkable figures of all time20 ,julius ,csar1 equally preminent in statecraft1 war and letters2 ,marc ,antony1 brave and generous2 ,lepidus1 not the least of the second great triumvirate2 ,augustus1 than whom a more consummate ruler and prudent statesman never lived2 ,tiberius1 a writer of ,greek odes and an orator at nine years of age2 in battle he repeatedly worsted the ,parthians1 ,cantabrians1 ,dalmatians1 ,pannonians and ,illyrians2 ,domitian1 conspicuous for his piety1 who enforced the laws against adultery and other gross forms of immorality2 ,titus1 bewailed at his death as 8the love and light of the human race20 ,hadrian1 just1 liberal1 valorous and energetic2 ,nerva1 humane and progressive2 ,trajan1 indomitable and heroic2 ,alexander ,severus1 a virtuous prince1 a student of ,christianity1 and the friend of ,paulus and ,ulpian2 ,sallust1 distinguished in ,latin literature for power and animation2 ,livy1 the man of beautiful genius2 the graceful ,catullus2 exquisite ,horace and facile ,ovid4 ,among the ,germanic peoples1 ,eugene of ,savoy1 a memory cherished by ,austria1 who lived but for glory1 and raised the ,hapsburg arms to a prestige unequaled before or since2 ,wallenstein1 bold1 imperious and of versatile ability in civil and military affairs4 ,in ,italy1 the ,abbes ,ruccellai and ,frangipanni1 pious and charitable2 ,reni ,guido1 who painted the marvellous 8,crucifixion of ,st4 ,peter's10 and the 8,aurora40 ,in art1 he expressed a most refined and fervent spiritualism4 ,the ,fifth1 ,sixth and ,seventh ,charles of ,france1 distinguished1 respectively1 as 8,the ,wise10 8,the ,beloved10 and 8,the ,victorious20 ,charles ,,viii41 who1 with but #i1jjj soldiers1 defeated an ,italian army of #dj1jjj men2 ,louis ,,xi41 ever admirable for his administrative talent1 a friend of the middle classes1 he restrained a turbulent and oppressive nobility2 ,louis ,,xii41 of ,france1 a 8father of the people20 ,louis ,,xiii41 distinguished for valor and martial ability2 ,louis ,,xiv41 better known to the world as 8,the ,great10 and to his country as ,dieu-donne--8,god-given20 the amiable and picturesque ,henry of ,navarre1 the champion of ,protestantism and protector of the ,huguenots2 ,philibert de ,chalon1 fertile and resolute2 ,bertrand du ,guesclin1 8king of the tournament10 the 8hero of heroes20 ,cond and ,turenne1 both profound and alert2 ,marshall ,saxe1 energetic and courageous2 ,napoleon ,bonaparte1 a titanic genius of transcendent powers1 king of kings1 8the astonishment and terror of the world20 ,ney1 bravest of the brave1 the victor of ,elchingen1 ,mannheim and ,moskva2 ,murat1 8the ,gold ,eagle10 a truly wise king1 and the greatest cavalry leader of his time2 ,richelieu1 greatest statesman of the #agth century2 ,mazarin1 brilliant in ministerial policy1 and the wise architect of peace at ,westphalia2 ,mirabeau1 a man of gigantic thoughts and deeds--the mental ,colossus of his age--8an intellectual ,hercules20 ,talleyrand1 unexcelled in diplomacy and eminent as a financier2 ,thiers1 equally able in politics and literature2 ,m4 ,sallo1 counselor to the ,parliament of ,paris1 and ,mathieu ,mole1 at one time the ,premier-,president of that body2 ,molire1 the inimitable2 ,corneille1 creator of ,french tragedy2 ,rotrou1 his master2 and ,racine2 ,montaigne1 the essayist1 extraordinary for his learning and sound reason2 ,paschasius ,justus1 an erudite and excellent physician2 ,rousseau1 apostle of universal happiness1 and unrivaled in the literature of ,france for the subtle eloquence of his style2 ,voltaire1 world-famous ,sage of ,ferney1 the 8sovereign writer of his century20 ,ren ,descarte1 deservedly exalted in philosophy and mathematics2 the delightful poets1 ,voiture and ,coquillart1 with the renowned ,cardinals ,d',este and ,de ,medicis4 ,fair ,albion comes into the story with 8,lion-,hearted0 ,richard1 the incomparable knight-errant2 ,edward ,i41 unequaled in his century as warrior and ruler2 ,edward ,,iii41 who befriended literature and art1 and espoused the cause of progress2 his son1 the ,black ,prince1 8most glorious star of chivalry20 ,henry ,,viii41 a foe to papacy1 and for a time the most popular monarch in ,english history2 8,ye ,merrie ,king ,charles20 ,duke of ,marlborough1 the brilliant and successful general2 ,arthur ,wellesley1 8,the ,iron ,duke10 venerated and beloved2 ,horatio ,nelson1 of magnificent exploits and stupendous victories1 who said3 8,where anything great is to be done1 there ,providence is sure to direct my steps20 unrivaled was he in daring resource and skill2 ,sir ,charles ,napier1 conqueror of ,sinde and the 8acknowledged hero of a family of heroes20 ,dan ,chaucer1 8that first sweet warbler0 of ,english verse1 philosopher1 politician and poet2 ,marlowe1 the mightiest of ,shakespeare's pioneers2 ,shakespeare1 himself1 8sweet swan of ,avon10 myriad-minded and wondrous2 8rare0 ,ben ,jonson2 ,raleigh1 a universal genius--8the glass of fashion and mould of form20 ,surrey1 polished and chivalric2 ,john ,dryden1 of whom ,dr4 ,johnson said3 8,as ,augustus was to ,rome1 so was ,dryden to ,english literature4 ,he found it brick and left it marble20 ,dr4 ,tobias ,smollett1 who wrote 8,humphrey ,clinker20 ,fielding1 the frank and manly author of 8,tom ,jones20 sweet ,oliver ,goldsmith1 in letters perspicuous1 vivacious1 and graceful2 ,halifax1 8,jotham of piercing wit and pregnant truth1 ,endued by nature and by learning taught ,to move assemblies20 the first ,marquis of ,anglesey1 high-spirited and impetuous1 a dashing general of cavalry2 that best of ,irish ,viceroys1 ,frederic ,howard1 ,earl of ,carlisle2 ,lord ,bolingbroke1 accomplished and eloquent2 ,shaftesbury1 the incorruptible statesman1 upright judge and friend of religious freedom2 ,horace ,walpole1 of whom ,macaulay said1 that his writings 8were among the delicacies of intellectual epicures20 ,dr4 ,dodd1 divine1 author1 editor and chaplain of the king2 ,george ,selwin1 the celebrated conversational wit2 ,sir ,philip ,francis1 immortal as 8,junius10 and a 8friend of the people20 the artistic ,farquhar2 courtly ,waller2 elegant ,dorset2 charming ,sedley2 and scholarly ,congreve2 jolly ,dick ,steele1 a master of classical prose2 ,charles ,james ,fox1 of whom ,james ,mackintosh said3 8,he is the most ,demosthenian speaker since ,demosthenes20 ,sheridan1 8capable of the grandest triumphs in oratory10 and noted for his sparkling wit and exquisite songs2 ,wilberforce1 who dedicated his life to a struggle for the abolition of the slave-trade2 ,edward ,gibbon1 the historian1 splendid1 imposing and luminous2 ,ponsonby1 once speaker of the ,irish ,house of ,commons2 ,dr4 ,colton1 author of 8,lacon20 ,william ,pitt1 of dauntless spirit and unimpeachable integrity2 and ,lord ,byron1 a poet famed for his passionate eloquence and pathetic gloom4 ,fortuna may proudly enumerate her great votaries in ,america3 ,aaron ,burr1 ,edgar ,allan ,poe1 ,william ,wirt1 ,luther ,martin1 ,gouverneur ,morris1 ,daniel ,webster1 ,henry ,clay1 ,general ,hayne1 ,sam ,houston1 ,andrew ,jackson1 ,generals ,burnett1 ,sickles1 ,kearney1 ,steedman1 ,hooker1 ,hurlbut1 ,sheridan1 ,kilpatrick1 ,ulysses ,s4 ,grant1 ,george ,d4 ,prentiss1 ,sargeant ,s4 ,prentiss1 ,albert ,pike1 ,a4 ,p4 ,hill1 ,beauregard1 ,early2 ,ben ,hill1 ,robert ,toombs1 ,george ,h4 ,pendleton1 ,thaddeus ,stevens1 ,green of ,missouri1 ,herbert and ,fitch of ,california1 8,jerry0 ,mc,kibben1 ,james ,a4 ,bayard--father of the recent ,secretary of ,state--,benjamin ,f4 ,wade1 the lamented ,broderick1 ,john ,c4 ,fremont1 ,judge ,magowan1 ,charles ,spencer1 ,fernando ,wood and his brother ,benjamin1 ,colonel ,mc,clure1 ,senator ,wolcott1 ,senator ,pettigrew1 ,senator ,farwell1 ,matthew ,carpenter1 ,thomas ,scott1 ,cornelius ,vanderbilt1 ,hutchinson of ,chicago1 and ,pierre ,lorrillard4 ,names might be extended indefinitely4 ,enough have been mentioned to illustrate how the gambling habit permeates all ranks of society in the ,united ,states4 ,with the conclusion of our retrospect1 we may well exclaim3 ,what is the nature of a passion so inveterate and general3 of a propensity that dominates all mankind alike1 whether noble or mean1 wise or foolish1 strong or weak8 8,is there a remedy80 propounds the philosopher4 ,the legislator asks1 8,what is my duty80 ,what is ,truth8 or1 ,the ,philosopher's ,stone4 ,illustration ,,chapter ,,ii4 ,what is ,truth2 or1 the ,philosopher's ,stone8 ,in medival romance the ,alchemist is a familiar figure--with flowing robe and skull-cap1 in the midst of crucibles and alembics4 ,this period of the world did not present a feature more weird and picturesque3 a body of learned but misguided men1 professing the 8chemistry of chemistries40 ,with eagerness and devotion they vainly sought for a principle that could indefinitely prolong human life and transmute the baser metals into gold and silver4 ,although centuries have elapsed since ,gebir and ,paracelsus1 yet the 8philosopher's stone0 is a desideratum4 ,of the ,alchemists it has been quaintly said by ,percy1 8that their respective histories were accurate illustrations of the definition which describes ,alchemy as an ,art without principle1 which begins in falsehood1 proceeds in labor1 and ends in beggary40 ,forcibly suggestive is this picture of moral philosophy and philosophers4 ,from the remotest ages certain men have arrogated to themselves a knowledge in the realm of ethics much superior to their brethren4 ,it was manifested by the 8gnomic0 poetry of ,greece1 more than #gjj years ,b4 ,c41 and in the oracular sayings of the so-called 8seven sages0 of antiquity4 ,to this day a similar class of wiseacres may be found in all parts of the earth4 ,the moralists1 however1 search not for the universal medicine or an irresistible solvent4 ,such persons admit the 8grand elixir0 is a delusion2 and yet1 their ambition is more daring and presumptious4 ,they would 8be as gods1 knowing good and evil40 8,gold is but dross10 they exclaim1 8our quest is for necessary moral truth4 ,we seek immutable righteousness40 ,long ago was ,alchemy abandoned as futile4 ,not so the egotistic dogmatism of the moral philosophers3 with them self-conceit has remained incorrigible1 from ,socrates and ,plato1 through ,kant and ,hegel1 to ,martineau and ,janet4 ,in vain1 their assumptions have been repeatedly demolished and their deductions refuted4 ,unmindful are they1 also1 of the irreconcilable conflict of 8schools0--the hopeless contradiction of 8systems40 ,fully one hundred great thinkers1 first and last1 have asserted the discovery of indubitable 8good40 ,but no two of them all agreed upon the infallible line of distinction between what 8ought to be0 and its opposite4 ,in fact1 every individual of the number represents a different scheme4 ,all moral philosophers asseverate the necessity for an authoritative standard of right and wrong--for some peremptory and incontestable guide to human conduct4 ,otherwise1 they admit1 one opinion is no more acceptable or commanding than another4 ,some affirm the existence of an innate faculty1 the unerring dictates of which are defended4 ,but ,bentham 7a great jurist7 denounced the 8moral sense0 man as a bully who would brow-beat others into accepting his verdict4 ,all such appeals were described by him as sheer 8ipse dixitism3 as a fraud by which incompetent philosophers would palm their own tastes and fancies upon mankind40 8,one man10 wrote ,bentham of ,shaftesbury1 8says he has a thing made on purpose to tell him what is right and what is wrong2 and that it is called moral sense3 then he goes to work at his ease and says such and such a thing is right1 and such and such a thing is wrong4 ,why8 #8,because my moral sense tells me it is4'0 ,of the inner-capacity-philosopher1 ,hazlitt remarked that 8his excessive egotism filled all objects with himself40 ,to ,crabbe1 8he was a self-conceited man1 who pretends to see through intuition what others learn by experience and observation2 to know in a day what another wants years to acquire2 to learn of himself what others are contented to get by means of instruction40 ,archdeacon ,paley1 again1 ridiculed as worthless a 8moral sense0 which man may disregard if he chooses4 ,what is an authority1 said ,paley1 merely felt in the individual consciousness3 a personal whim1 the mere accident of individuality4 ,what1 he asks1 is the authority of another's conscience to me8 ,what1 indeed1 is my conscience1 and why is it an authority to myself8 ,we can never know whether it is 8a real angel with flaming sword1 or a scare-crow dressed up by the moral philosophers40 ,did the 8moral sense0 exist1 should we not see a universal evidence of its influence8 ,would not men exhibit a more manifest obedience to its supposed dictates than they do8 ,would there not be a greater uniformity of opinion1 as to the rightness or wrongness of opinions1 as to the rightness or wrongness of actions8 8,we should1 not1 as now1 find one man or nation considering as a virtue what another regards as a vice--,malays glorying in the piracy abhorred by civilized races--a ,thug regarding as a religious act that assassination at which a ,european shudders--a ,russian piquing himself on his successful trickery--a red ,indian in his undying revenge--things which with us would hardly be boasted of4 8,again1 if this moral sense exist and possess no fixity1 gives no uniform response1 says one thing in ,europe and another in ,asia--originates different notions of duty in each age1 each race1 each individual1 how can it afford a safe foundation for a systematic morality8 ,what can be more absurd than to seek a definite rule of right in the answers of so uncertain an authority80 ,can it be fairly said1 my reader1 that such men are in a position to judge the gambler1 or to denounce his vocation8 ,may not the gamester ask of this sect3 ,by what authority do you pronounce judgment1 8out of hand10 upon me and mine8 ,where is your standard--authentic1 determinative1 undeniable1 irrefutable8 ,am ,i subject to the dominion of your conscience8 ,in my opinion1 gaming is not a sin4 ,in what is your judgment superior to mine8 ,moreover1 ,i defy you to demonstrate a wager is wrong1 per se4 ,if you find this impossible1 ,i am free to repudiate your dogmatism4 ,to know1 also1 that gaming is not prima facie sinful1 we have but to define it4 ,the lexicographers define a gamester as 8one who plays for money or other stake20 and gaming 8to be the use of cards1 dice1 or other implement1 with a view to win money1 or other thing1 wagered upon the issue of the contest40 ,is this a description of anything forbidden by the decalogue8 ,where1 in the old or new testament1 is a similar transaction denounced as a sin8 ,but1 it may be said1 perhaps1 the foregoing definition does not suffice for moral consideration3 it ignores the element of chance1 which enters more or less into all games4 ,this would imply that it is immoral to invoke a fortuity4 ,is it8 ,here1 the great ,jefferson may be quoted with propriety3 8,it is a common idea that games of chance are immoral4 ,but what is chance8 ,nothing happens in this world without a cause4 ,if we know the cause1 we do not call it chance1 but if we do not know it1 we say it was produced by chance4 ,if we see a loaded die turn its lightest side up1 we know the cause1 and that it is not an effect produced by chance2 but whatever side an unloaded die turns up1 not knowing the cause1 we say it is the effect of chance4 ,yet1 the morality of the thing cannot depend on our knowledge or ignorance of its cause4 ,not knowing why a particular side of an unloaded die turns up1 cannot make the act of throwing1 or of betting on it1 immoral4 ,if we consider games of chance immoral1 then every pursuit of human industry is immoral1 for there is not a single one that is not subject to chance2 not one1 wherein you do not risk a loss for the chance of some gain40 ,in 8,paradise ,lost10 ,milton declares3 8,next him1 high arbiter1 ,chance governs all60 ,and of mankind we read in ,ecclesiastes that 8time and chance happeneth to them0--mankind4 7#i3aa74 ,among the ,hebrews1 property was divided and disputes were decided1 8by lot40 ,the custom is mentioned by ,solomon1 ,matthew and ,luke4 7,prov4 #af3cc2 ,matt4 #bg3ce2 ,luke #aj47 ,furthermore1 this mode of appeal to destiny is sanctioned1 yea1 even prescribed1 by the ,bible4 ,according to ,leviticus1 ,aaron was commanded 8to take the two goats1 and present them before the ,lord1 at the door of the tabernacle of the congregation4 ,and ,aaron shall cast lots upon the two goats2 one lot for the ,lord and the other lot for the scape-goat4 ,and ,aaron shall bring the goat upon which the ,lord's lot fell1 and offer him for a sin offering4 ,but the goat on which the lot fell to be the scape-goat1 shall be presented alive before the ,lord1 to make an atonement with him and to let him go for a scape-goat into the wilderness40 7#af3g1 #h1 #i47 ,thus was chance invested with the sanctity of a religious observance4 ,moses was instructed that the 8,promised ,land0 should be divided among the ,hebrews 8by lot40 ,the method is described in ,numbers3 8,notwithstanding1 the land shall be divided by lot1 according to the names of the tribes of their fathers shall they inherit4 ,according to lot shall the possession thereof be divided between many and few40 ,this direction was followed to the letter by 8,eleazar1 the priest1 and ,joshua the son of ,nun1 and the heads of the fathers of the tribes of the children of ,israel20 for we are told in ,joshua1 that 8,by lot was their inheritance2 as the ,lord commanded by the hand of ,moses1 for the nine tribes and for the half tribe40 7,josh #ad3a1 #b2 #ah3f47 ,luck1 then1 decided the tenure of the tribes in ,canaan--a title dictated by ,divinity4 ,joshua determined1 by lot1 that it was ,achan1 of the tribe of ,judah1 who had taken 8the accursed thing0 and thus brought upon ,israel the disaster at ,ai4 7,josh4 #g3ad47 ,during the great battle of ,michmash-,aijalon1 ,saul said unto the ,israelites3 8,cursed be the man that eateth any food until evening1 that ,i may be avenged on my enemies40 ,unmindful of this oath1 wild honey was eaten by his son1 in a moment of extreme hunger4 ,no one would divulge that the king's adjuration had been disregarded by the beloved ,jonathan4 8,therefore1 ,saul said unto the ,lord ,god of ,israel1 give a perfect lot4 ,and ,saul and ,jonathan were taken3 but the people escaped4 ,and ,saul said1 ,cast lots between me and ,jonathan1 my son4 ,and ,jonathan was taken40 7#a ,sam4 #ad3dj1 #db47 ,by lot1 likewise1 the question of 8ministry and apostleship0 was decided against ,justus and in favor of ,matthias4 7,acts #a3bf47 ,briefly1 if the ,bible is a divine production1 how can appeals to chance be stigmatized as vicious or irreligious8 ,also1 it is not to be denied that chance1 or casualty1 enters very largely into every department of human action4 ,men are compelled to take ventures every day2 the engineer faces them2 so does the sea captain2 the same may be said of the doctor1 the surgeon1 the lawyer and the banker4 ,a merchant encounters all the risks of trade2 the hostility of the elements and the bankruptcy of others4 ,the rains may rot or the drouths destroy the crops of the farmer4 ,and almost1 in the words of ,ben ,jonson1 throughout the world1 8,all human business1 fortune doth command1 ,without all order1 and with her blind hand1 ,she1 blind1 bestows blind gifts1 that still have nurst1 ,they see not who nor how40 ,the politician1 too1 might say with ,macbeth3 8,if chance will have me king1 why1 chance may crown me40 ,war is a mighty game between giants4 ,in truth1 of ,napoleon the poet has said3 8,whose game was empires1 and whose stakes were thrones1 ,whose table1 earth2 whose dice1 were human bones40 ,beyond this1 even our laws and institutions appeal to chance4 ,in the ,united ,states ,senate1 whom1 respectively1 of two members--elected at the same time--shall serve for the long and short term1 is decided by lot4 ,the law recognizes that even property may be thus divided4 8,when an estate is apportioned into three parts1 and one part is given to each of three persons2 the proper way is to ascertain each one's part by drawing lots40 ,thus is the rule stated by ,bouvier and ,wolff4 ,the ,illinois ,statutes1 for the regulation of elections1 enact that 8when two or more persons receive an equal and the highest number of votes for an office to be filled by the county alone1 that county clerk shall issue a notice to such persons of such tie vote1 and require them to appear at his office1 on a day named in the notice1 within ten days from the day of election1 and determine by lot which of them is to be declared elected4 ,on the day appointed the clerk and other canvassers shall attend1 and the parties interested shall appear and determine by lot which of them is to be declared elected40 ,similar laws exist in other states4 ,some moralists admit the validity of a transaction1 notwithstanding it may depend upon chance4 ,they will concede there is no intrinsic wrong in any species of game1 unless there exists an inequality of chance or skill4 ,not so1 thought ,paley1 the ,christian philosopher1 whose name is a household word for purity1 zeal and power4 ,he said3 8,what some say of this kind of contract1 that one side ought not to have any advantage over the other1 is neither practical nor true4 ,this would require perfect equality of skill and judgment1 which is seldom to be met with4 ,i might not have it in my power to play with fairness a game of cards once in a twelvemonth1 if ,i must wait till ,i meet with a person whose art1 skill and judgment are neither greater nor less than my own4 ,nor is this equality requisite to the justice of the contract4 ,one man may give to another the whole of the stake if he chooses1 and the other may justly accept it if it be given him2 much more1 therefore1 may one give another an advantage in the chance of winning the whole4 ,the only proper restriction is1 that neither side have an advantage by means of which the other is not aware4 ,the same distinction holds of all transactions and proceedings into which chance enters2 such as insurance1 and speculations in trade or in stocks40 ,in this connection1 with what force could be quoted the sweet ,nazarene in ,his parable of the vineyard laborers3 8,friend1 ,i do thee no wrong2 didst thou not agree with me for a penny8 ,take that thine is1 and go thy way2 ,i will give unto this last even as unto thee4 ,is it not lawful for me to do what ,i will with mine own80 7,matt4 #bj3ac1 #ad1 #ae47 ,here the mathematicians attempt to rescue moral philosophy4 ,they would demonstrate the improbability of luck4 ,if asked how it happened that a man won a hundred thousand dollar prize1 while his neighbor drew a blank1 the mathematician might tell you it was chance2 that there was a necessity for the prize to fall somewhere1 and that he who had the most chances was the most likely to obtain it4 ,such caviling could be dismissed with the answer3 ,you acknowledge the necessity of a prize falling somewhere1 then why not to me4 ,surely my chances are as good as my neighbors'1 perhaps more so4 ,it may be2 and what may be may be now4 8,there is no prerogative in human hours40 8,there is a tide in the affairs of men1 which taken at the flood1 leads on to fortune40 ,no intelligent gambler is a believer in 8luck0 as a personal quality4 ,he recognizes the phenomena of chance4 ,how they will operate is not known to the mathematician more than to him2 the 8chances0 may result favorably or unfavorably for a gambler2 the law may so work as to benefit him1 or it may not4 ,whether 8chance0 or 8luck10 is immaterial to the issue4 ,but seriously1 for what do these aspirants contend8 ,a method of reasoning from the happening of an event to the probabilities of one or another cause2 that the possible combinations in a pack of cards1 or a handful of dice1 may be computed1 even when the question involves the chances of a thousand dice1 or a thousand throws of one die4 ,in its very nature this is a vain-glorious pretension1 and upon what is it based8 ,an hypothesis presenting the necessity of one or another out of a certain number of consequences4 ,in other words1 given an event as having happened1 and which might have been the consequence of either of several causes1 or explicable by either of several hypotheses1 the probabilities can be inferred4 ,in this way is the philosophy of supposition substituted for that of caprice4 ,we are asked by the mathematician1 at the very outset1 to assume something he has not proved1 and which is not susceptible of proof4 ,we are required to take for granted the imaginary premises upon which his argument depends4 ,is this not the acme of intellectual audacity8 ,but having yielded his antecedent proposition1 what is the result8 ,a bare probability--a mere likelihood of the occurrence of any event4 ,so much for the boasted 8,doctrine of ,chances40 ,besides1 ,i assert that every premise of the mathematician has been refuted by my experience as a gamester4 ,in the proper place1 ,i could disprove his every theory with a fact4 ,for example3 ,de ,morgan and ,proctor tell us that it is not probable seven could be thrown ten successive times1 with a pair of dice4 ,we are told1 on good authority1 that in #ahac1 a ,mr4 ,ogden wagered #a1jjj guineas that his opponent would not perform this feat4 ,that gentleman threw seven nine times running4 ,however1 the mathematicians are not concerned with the right or wrong of play for money4 ,they seek to demonstrate the inequalities of chance1 hoping thus to dissuade humanity from its pursuit4 ,their efforts are idle4 8,the proverb which advises us to throw a sprat to catch a whale1 shows that mankind consider a chance of a gain to be a benefit for which it is worth while to give up a proportionate certainty40 ,these gentlemen have extended their conjectures to the risks of loss or gain in general commerce2 the probable continuity of life and duration of marriage2 the contingencies in political results and the verdicts of juries2 the distributions of sex in births1 and even the probability of error in any opinion that may be generally received4 ,in fact1 should their guesses be heeded by the world1 enterprise and hope would depart4 ,another class of moralizers reject and deride the idea of 8innate notions40 ,truth1 they maintain1 is not to be found in worn out abstractions and moral senses1 which are the weak reproductions of material organisms4 ,in ethics1 if they are to be followed1 we must set out with the convictions that our materials are relative and not absolute1 and that our highest moral conceptions must partake of the same character4 ,as stated by ,posnett1 systems of ethics1 more or less perfect in their day1 have vanished in the progress of society and mind4 ,systems of ethics1 whether we see or care to see it1 are gliding from amongst us at this moment1 while others1 8with strange faces are growing familiar by the slowness of their approach40 ,to illustrate from ,chenebix3 ,nothing can appear more definite than virtue2 yet1 in ,asia1 the term may denote submission2 in ,europe and ,america1 resistance2 to ,mussulmans war2 to ,christians1 peace4 ,honor1 too1 which its votaries describe as one and incorruptible1 assumes various significations4 ,in some countries it prescribes revenge for an injury received2 in others1 forgiveness4 ,here1 the violation of female chastity is a disgrace1 elsewhere it is a duty4 ,to a ,mussulman the eating of pork is 8vile and unclean3 fills his soul with aversion1 repugnance1 disgust4 ,to this habit their antipathy is deep and intuitive4 ,to the natives of ,western ,india1 eating beef is sacrilegious and revolting4 ,in ,spain1 any other worship than that established by the ,catholic church is impious and in the highest degree offensive to ,god4 ,the people of all ,southern ,europe regard a married clergy as irreligious1 indecent1 unchaste1 gross and disgusting4 ,wherever the ,puritans have been sufficiently powerful they have endeavored to put down all public1 and nearly all private amusements3 music1 dancing1 the theatre and public games40 ,this denomination1 strange as it may seem1 also urge upon mankind what1 in their opinion1 is the 8true moral rule0--the correct standard of right4 ,it is that which is established by authority1 custom1 or general consent4 ,a variable and doubtful criterion1 this1 one would naturally suppose4 ,how severely has it been treated by ,spencer and ,carpenter4 ,right and wrong are not essentially different4 ,all moral distinctions are a matter of arbitrary establishment by the 8powers that be40 ,that which is statutory1 customary1 fashionable1 or generally habitual1 is fit and proper4 ,conduct is purely a question of majority and might4 ,place gambling in the ascendant to-morrow and it would be just2 or1 as the major part of humanity1 gamesters would be respectable2 for an opinion commonly accepted is the correct opinion4 ,with this as a guide1 can the state hold the gamester reprobate8 ,society keeps changing its sentiments with the centuries4 ,absolutely1 we can never know when it is right or when it is wrong4 ,the outlaw of one era is the idol of another4 ,servetus was immolated by the ,calvinists1 to-day he is a martyr to conscience4 ,bruno was burned as a heretic1 now he is the hero of philosophy and science4 ,galileo and ,roger ,bacon were once execrated by the church--their bones lie in unknown and unhonored graves4 ,we regard them as brave pioneers of human thought4 ,the formerly despised and hunted ,christians are become the greatest power on earth4 ,the ,jew money-lender of the 8dark ages0 7whom such as ,front-de-,buf once tortured with impunity7 is the ,rothschild of our century--8the guest of princes and the instigator of commercial wars40 ,shylock is now an influential and courted capitalist4 8,all the glories of ,alexander do not condone1 in our eyes1 for his cruelty in crucifying the brave defenders of ,tyre1 by thousands1 along the sea-shore2 and if ,solomon1 with his thousand wives and concubines1 were to appear in ,london or ,new ,york to-morrow1 even the most frivolous circles would be shocked1 and ,brigham ,young1 by contrast1 seem a domestic model40 ,from ,csar we learn that the ,suevi held their lands in common2 that private property in the soil did not obtain with the ,gauls and ,germans4 ,the same is true of the ,north ,american ,indians and some of the ,pacific ,islanders4 ,it is conceded1 moreover1 that communistic principles were generally prevalent in the earliest ages of the world4 ,then1 any attempt at exclusive individual possession of land or chattel would have been deemed a theft4 ,the medival ideal was an ascetic and monastic life4 ,to-day1 millions regard such a course as unwise1 if not wicked4 ,poverty1 heretofore esteemed as the badge of honor and dignity1 is by our era adjudged offensive4 ,nomadism prevailed in a former age4 ,now gypsies and tramps are the outcasts of society4 ,regarding marriage1 public opinion has varied through all phases1 without attaining finality4 ,in earliest times how indiscriminate is the tie--the monstrous relation of brother and sister being the rule1 rather than the exception4 ,polygamy prevails with one people and polyandry among another4 ,in ,india and the ,orient a wife is hidden from the dearest friend1 while in ,africa a chief will put his mate to bed with a guest4 ,in ,japan young women1 even of good birth1 8are free in their intercourse with men1 till they are married2 at ,paris they are free after40 ,in ancient ,greece and ,rome1 again1 marriage was not the highest conception1 and largely 8a matter of convenience and housekeeping40 ,wives were little1 if any better1 than slaves4 ,the class of women known as ,hetairai 7concubines and mistresses7 were openly honored and trusted by both political and social leaders4 ,the name of ,aspasia is closely associated with that of ,pericles4 ,theodota was the intimate of ,socrates4 ,diotima has been immortalized in the 8,symposium0 of ,plato4 ,the splendid ideal of our century is the monogamic state--8the great theme of romantic literature1 and the climax of a myriad novels and poems40 ,in classic ,greece the idealistic model was male friendship--comradeship4 ,we have its type in the heroic figures of ,harmodius and ,aristogiton4 ,the ,theban ,legion1 or 8,sacred ,band10 exemplified the principle4 ,no man might enter without his lover4 ,although annihilated at the battle of ,chrona1 it was never vanquished4 ,the literature of ,greece and ,rome illuminate this exalted sentiment4 ,the writings of ,pliny the younger1 ,cicero and ,lucian1 are worthy of especial mention4 ,many sweet and noble friendships are embalmed in the poetry of ,hellas and ,latium2 ,demetrius and ,antiphilus2 ,damon and ,pythias2 ,phocion and ,nicoles2 ,glaucus and ,diomedes2 ,philades and ,orestes2 ,cicero and ,atticus2 ,socrates and ,alcibiades2 ,lucilius and ,brutus2 ,tiberius ,gracchus and ,blossius2 ,caius ,gracchus and ,licinus4 ,suicide was not thought unworthy by the ancients4 ,it was resorted to by ,anthony1 ,brutus1 ,cassius1 ,cato1 and ,zeno4 ,to-day1 the attempt is a crime1 and its consummation a disgrace4 ,in ,europe and ,america it is felo-de-se4 ,infanticide is common in many parts of ,asia and ,africa4 ,to-day the feudal baron would be adjudged a freebooter2 the knight-errant a brawling vagabond4 ,a nineteenth century man may beat his wife within an inch of her life1 and get but three months4 ,for stealing a suit of clothes he would be 8sent up0 for years4 ,so 8gambling on 'change is now respectable enough1 but pitch and toss for halfpence is low1 and must be dealt with by the police4 ,we know that when questions connected with life contingencies were first considered1 it was regarded as most deliberate gambling to be in any way concerned in buying or selling such articles as annuities1 or any interests depending upon them40 ,the age boasts of an advance in the humanities2 and yet1 public opinion permits extravagance and selfishness in the rich while the poor are starving4 ,our educated classes1 generally1 approve the vivisection of animals4 ,in ancient ,egypt it would have been stigmatized as the most abominable of crimes4 ,from age to age1 likewise1 law represents the code of the dominant or ruling class--at all times only valid because it is the code of those in power4 ,how often used by 8authority0 for selfish purposes1 may be read on every page of history4 ,monarchy1 absolute or limited1 is a synonym for injustice4 ,feudalism is another term for murder1 rapine and extortion4 ,in ,spain1 the lands of nobles were long exempted from direct taxation4 ,for centuries the ,hungarian turnpikes were free to the aristocracy4 ,prior to the revolution in ,france1 all burdens of state devolved upon the lower classes4 ,less than two centuries ago ,scotch lairds exported their peasantry into slavery4 ,students will recall the 8,black ,act0 of ,george ,i41 and the 8,inclosure ,laws0 of ,england4 ,until quite recently1 slavery existed in ,europe and ,america2 nor has the institution wholly disappeared from the earth4 ,legislation is mainly in the interest of the wealthy and powerful4 ,congress and legislatures are making the rich richer1 and the poor poorer4 ,government is largely devoted to the creation and upholding of corporations1 trusts1 monopolies1 subsidies and extortionate tariffs4 ,what care the politicians for manhood8 ,wealth is their ,god4 8,let your rule be the greatest happiness to the greatest number10 interposes another authority4 ,but are men agreed in their definition of 8greatest happiness80 ,different notions of it are entertained in all ages1 amongst every people1 by each class4 8,to the wandering gypsy a home is tiresome1 whilst a ,swiss is miserable without one4 ,progress is necessary to the ,anglo-,saxons2 on the other hand1 the ,esquimaux are content in their squalid poverty1 have no latent wants1 and are still what they were in the days of ,tacitus4 ,an ,irishman delights in a row1 a ,chinaman in ceremonies and pageantry1 and the usually apathetic ,javanese gets vociferously enthusiastic over a cock-fight4 ,the heaven of the ,hebrew is a city of gold and precious stones1 with an abundance of corn and wine2 that of the ,turk1 a harem peopled by ,houris2 that of the ,american ,indian1 a happy hunting-ground2 in the ,norse paradise there were to be daily battles1 with magical healing of wounds4 ,it was1 seemingly1 the opinion of ,lycurgus1 that perfect physical development was the chief essential to human felicity2 ,plotinus1 on the contrary1 was so purely ideal in his aspirations as to be ashamed of his body4 ,to a miserly ,elwes1 the hoarding of money was the only enjoyment of life2 but the philanthropic ,day could find no pleasurable employment1 save in its distribution40 ,francis1 ,duke of ,la ,rochefoucault1 likened the soul of man unto a medal1 so constructed that it may represent either a saint or a devil4 ,montaigne1 also1 said the soul of man was double-faced2 the inner beamed upon self-love1 while the outer wore a mask4 ,voltaire was a scoffer3 a master of satire1 who ridiculed without mercy every human weakness4 ,in 8,zadig0 and 8,micromegas0 he mocked the ignorance and self-conceit of mankind4 ,his 8,memnon10 the 8,wise ,memnon10 who1 in the morning1 foreswore all women1 made a vow of temperance1 renounced gaming and quarreling1 and determined never to be seen at court1 was1 before the night of the same day1 cheated and robbed by a female1 got drunk1 gamed1 quarreled with his most intimate friend1 and made a visit to court1 where everyone laughed at him4 ,the moral of 8,candide1 or the ,optimist10 is1 as interpreted by ,smollett1 that nothing is more absurd than the exercise of human reason2 that nothing is more futile and frivolous than the cultivation of philosophy2 that mankind are savages1 who devour one another4 ,this is cynicism1 pure and simple4 ,i cannot endure a creed so ghastly3 a philosophy that suspects ,socrates of incontinence1 charges ,epicurus with prodigality1 accuses ,aristotle of covetousness1 and can say of ,seneca that 8he had but the single virtue of concealing his vices40 ,horace took a more charitable view of the moral philosophers1 and ascribed their weakness to inability rather than hypocrisy4 ,the poet says that men 8upon the stage of this world are like a company of travelers whom night has surprised as they are passing through a forest2 they walk on1 relying upon the guide1 who immediately misleads them through ignorance4 ,all of them use what care they can to find the beaten path again2 everyone takes a different path1 and is in good hopes his is the best2 the more they fill themselves with these vain imaginations the farther they wander2 but though they wander a different way1 yet it proceeds from one and the same cause2 'tis the guide that misled them1 and the obscurity of the night hinders them from recovering the right road40 ,in truth1 the mind of man1 unaided by ,divine light1 is not able to determine what is absolutely right or absolutely wrong4 ,in the realm of morals1 man is to be guided only by the decrees of ,god1 if known4 ,for those who recognize the ,bible as ,his word1 the way is clear4 ,aside from this1 the path is dark and uncertain4 ,but nowhere in either the ,old or ,new ,testament1 is gambling forbidden4 ,not a word did ,moses or ,jesus utter against it1 as a general principle1 or in any of its particular forms4 ,what is commanded by ,god is our only test of right and wrong4 ,theology is of man1 and yet it is a fact that gambling1 in itself1 is not inconsistent with the profession of any creed in ,christendom4 ,the ablest theologian cannot successfully challenge this proposition4 ,for the sake of argument1 heretofore1 ,i have granted the moral freedom of man4 ,the fact is1 ,i deny his 8liberty10 save in the most restricted sense4 ,i am convinced every action is determined by the resultant force of conflicting motives4 ,however1 the possible autonomy of man is not necessary to a consideration of what it is right or best to do4 ,it is only when we ask about the conduct of man1 in his relation to the law1 that it is important to know whether he could have done otherwise4 ,i reserve the topic for a subsequent chapter4 ,be this as it may1 certain conclusions are obvious to the impartial observer4 ,it is very difficult1 if not impossible1 to draw a strict boundary between the virtues and vices4 ,courage should not be carried to the point of rashness4 ,timidity is the abuse of prudence4 ,generosity can degenerate into improvidence4 ,reverence might merge into credulity and superstition4 ,arrogance is the extreme of self-respect4 ,chastity is overdone by the monastic4 ,some writers1 in fact1 deny a fixed line between the virtuous and vicious passions2 this class boldly maintain a place for both vices and virtues4 ,hatred may be just and anger magnificent4 ,although out of place in a drawing-room1 obstinacy is a virtue on the field of battle4 ,love is divine and lust monstrous4 ,are they not yoke-fellows8 ,reformers1 so called1 are impossible without stupid candor and impassive bluntness4 ,timidity1 on the other hand1 is the defect of a sensitive temperament4 ,sensuality underlies the domain of art1 painting1 sculpture and music4 ,this is suggested by ,plato in the 8,phdrus0--an allegory of the soul1 wherein the spirit of man is depicted as a chariot to which are attached a white and black horse4 ,the first typifies our higher and the latter our lower passions4 ,mr4 ,lecky writes in his 8,history of ,morals10 that in society certain defects necessarily accompany certain excellencies of character4 ,he remarks1 8,had the ,irish peasants been less chaste they would have been more prosperous40 8,habitual liars and habitual cheats have been industrious1 amiable and prudent40 8,civilization is not favorable to self-sacrifice1 reverence1 enthusiasm or chastity40 ,he declares of the gambling table1 8that it fosters a moral nerve and calmness scarcely exhibited in equal perfection in any other sphere--a fact which ,bret ,harte has finely illustrated in his character of ,mr4 ,john ,oakhurst1 in the #8,outcasts of ,poker ,flat4'0 ,this thought is boldly illustrated by ,mandeville1 in his 8,fable of the ,bees30 8,these were called knaves1 but1 bar the name1 ,the grave industrious were the same3 ,all trades and places knew some cheat1 ,no calling was without deceit4 ,the root of evil1 avarice1 ,that damn'd1 ill-natured1 baneful vice1 ,was slave to prodigality1 ,that noble sin2 whilst luxury ,employed a million of the poor1 ,and odious pride a million more3 ,envy1 itself1 and vanity ,were ministers of industry1 ,their darling folly1 fickleness1 ,in diet1 furniture and dress1 ,that strange1 ridiculous vice1 was made ,the very wheel that turned the trade40 ,the author of this unique production announced that his main design was to indicate the impossibility of enjoying all the most elegant comforts of life 8that are to be met with in an industrious1 wealthy and powerful nation1 and at the same time be blessed with all the virtue and innocence that can be wished for in a golden age2 from thence to expose the folly and unreasonableness of those that1 desirous of being an opulent and flourishing people1 are wonderfully greedy after all the benefits they can receive as such1 are yet always murmuring against those vices and inconveniences1 that from the beginning of the world to the present day1 have been inseparable from all the kingdoms and states that ever were formed for strength1 riches and politeness40 8,to do this1 ,i first slightly touch upon some of the faults and corruptions the several professions and callings are generally charged with4 ,after that ,i show that those very vices of every particular person1 by skillful management1 were made subservient to the grandeur and worldly happiness of the whole4 ,lastly1 by setting forth what of necessity must be the consequence of general honesty1 virtue1 innocence1 content and temperance1 ,i demonstrate that if mankind could be cured of the failings they are naturally guilty of1 they would cease to be capable of being raised into such vast1 potent1 and polite societies1 as they have been under the several commonwealths and monarchies that have flourished since creation40 ,not yet1 then1 have we found the human standard by which the gambler is to be denounced4 ,gamblers are accused of avarice1 and an inordinate desire for wealth4 ,as a rule1 the gamester is not penurious4 ,a miserly or covetous grasp of money is inconsistent with his vocation4 ,concede the accusation1 and is he alone8 ,is he more greedy of gain than other men8 ,history refutes the charge4 ,money is the god of the world4 ,get enormous wealth is the cry1 no matter how2 no matter how many impoverished widows and squalid orphans are crying out to heaven1 day and night1 against you2 and such slavish adulation as the world knows not beside are yours4 ,the passion for wealth increases gradually1 as its end is achieved1 the world over4 ,its effects are manifest wherever men strive for gold4 8,gold6 gold6 gold6 gold6 ,bright and yellow1 hard and cold1 ,molten1 graven1 hammered1 rolled2 ,heavy to get1 and light to hold2 ,hoarded1 bartered1 bought and sold2 ,stolen1 borrowed1 squandered1 doled2 ,spurned by the young1 but hugged by the old ,to the very verge of the church-yard mould1 ,price of many a crime untold2 ,gold6 gold6 gold6 gold60--,thomas ,hood4 ,the morale of gambling is not to be determined by political economy1 which is not a part of moral philosophy4 ,it is not founded on the imperations of duty1 but upon the adequate footing of desirableness of self-interest4 ,in the language of ,prof4 ,perry3 8,one word circumscribes the field of morals1 ought4 ,one word defines the field of economy1 expediency40 ,so far as it is a science1 political economy is cold and selfish2 8budded on monopoly values40 ,judged by such a standard1 gambling would be right1 if expedient4 ,yes1 but is not gambling a destructive luxury8 ,is it not a wasteful expenditure of money8 ,i answer1 what is luxury1 and is it always an evil8 ,roscher well says3 8,the idea conveyed by the word is an essentially relative one40 ,every individual calls all expenditure with which he chooses to dispense1 a luxury4 ,the same is true of every age and nation4 8',tis a word without any specific idea10 wrote ,voltaire1 8much such another expression as when we say ,eastern and ,western hemispheres3 in fact1 there is no such thing as ,east and ,west2 there is no fixed point where the earth rises and sets2 or1 if you will1 every point on it is1 at the same time1 ,east and ,west4 ,it is the same with regard to luxury2 for either there is no such thing1 or else it is in all places alike4444 ,do we understand by luxury the expense of an opulent person8 ,must he1 then1 live like the poor1 he whose profusion1 alone1 is sufficient to maintain the poor8 ,expensiveness should be the thermometer of a private person's fortune1 as general luxury is the infallible mark of a powerful and flourishing empire4444 ,money is made for circulation4 ,he who hoards it is a bad citizen1 and even a bad economist4 ,it is by dissipating it we render ourselves useful to our country and ourselves40 ,david ,hume also thought the word of uncertain signification4 ,he said3 8,the bound between virtue and vice cannot here be exactly fixed1 more than in other moral subjects4 ,to imagine that the gratification of any sense1 or the indulging of any delicacy1 is of itself a vice1 can never enter into a head that is not disordered by the frenzies of enthusiasm4 ,these indulgences are only vices1 when they are pursued at the expense of some virtue1 as liberality of charity2 in like manner as they are follies1 when a man ruins his fortune and reduces himself to want and beggary40 ,again1 ,william ,roscher1 the political economist1 was of opinion that 8prodigality is less odious than avarice2 less irreconcilable with certain virtues20 and that 8prodigality1 directly or indirectly1 increases the demand for commodities40 ,we know the ,epicureans and ,stoics were reproached with being bad citizens1 because their moderation was a hindrance to trade4 ,gambling is no more a luxury than many other practices of mankind4 ,some persons may prefer it as a pastime to any other form of luxury4 ,who is to decide a question of taste and expense but the individual concerned8 ,one man indulges lavishly in pictures1 books1 and clothes2 another is prodigal in the matter of tobacco and liquors2 a third delights in the excitement of chance4 ,all these inclinations are luxurious4 ,which is preferable to each1 is not for society to determine in one case1 more than in the others4 ,in a word1 the phases of luxury are so variable and extensive that it is equally unjust and impracticable for the state to discriminate unfavorably4 ,the gambler is said to be idle and non-productive3 that a quid pro quo is not given for what he receives4 ,what is meant here by idleness and non-production8 ,does it signify that labor is the proper basis of exchangeable value3 the only just source of what is called wealth8 ,if so1 the condemnation includes all who obtain wealth without working for it4 ,suppose it be admitted that service is the one equitable title to property4 ,what1 then1 of assumed rights1 in the form of profits1 dividends1 rent and interest8 ,if true wealth is the outcome of physical labor1 are not banker1 broker1 middleman1 landlord1 capitalist1 gentleman of leisure and gambler on the same footing4 ,bishop ,jewel once said3 8,if ,i lend #ajj1 and for it covenant to receive #aje1 or any other sum greater than was the sum ,i did lend1 this is that we call usury3 such a kind of bargaining as no good man1 or godly man1 ever used40 ,many contend that interest contributes nothing to the support of society1 but is a tax on labor4 ,those who receive it are said to be extortioners who live on the gains of other people4 ,christ1 ,buddha1 ,zoroaster1 and ,mahomet all put usury in the category of forbidden sins4 ,it is discountenanced by ,ezekiel1 ,moses1 ,david1 ,aristotle1 ,cato1 ,st4 ,basil1 ,masse1 ,bacon1 ,buxton1 ,dr4 ,wilson and ,fenton4 ,ricardo1 the great economist1 was of the opinion that rent is not a creation of wealth1 and adds nothing to the necessaries1 conveniences and enjoyments of society4 ,adam ,smith1 the father of political economy1 considered rent as a monopoly price paid for the use of land4 ,were this true1 the owner of a house1 when it had paid for itself1 could rightfully charge for its use1 the cost of his labor in transferring it to you1 and the amount of wear and tear4 ,it is said of the gambler that he is not a man of equivalents4 ,but1 if wealth is to be a question of exact equality in values and labor1 then must business generally be condemned4 ,the great legists1 ,pomponius and ,paulus1 unblushingly said1 that 8,in buying and selling1 a man has a natural right to purchase for a small price what is really more valuable1 and to sell at a high price what is less valuable1 and for each to overreach the other40 ,harsh as this may seem1 it but voiced the principles of trade in every age of the world4 8,trade is war10 said the ancient proverb2 8and as a nail between the stone joints1 so does sin stick fast between buying and selling40 ,business is advantage-taking erected into a system4 ,get as much more than you give as is possible4 ,a thing is worth what it will bring4 ,you may rightfully take from another what he is compelled to yield4 ,exchange is not a rendering of equivalent for equivalent2 but an effort to get the largest possible amount of another's property1 or services1 for the least possible return4 ,in business1 justice and mercy are daily displaced by extortion and mastership3 8the producing classes are vassal to the speculating classes2 the creators of wealth to its stealthy possessors40 ,the ,christian ,fathers deprecated trade4 8,to seek to enrich one's self is in itself unjust10 said ,clement2 8since it aims at appropriating an unfair share of what was intended for the common use of men40 8,if covetousness is removed10 argued ,tertullian1 8there is no reason for gain1 and1 if there is no reason for gain1 there is no need of trade40 ,jerome taught that 8as the trader did not himself add to the value of his wares1 therefore1 if he gained more for them than he paid1 his gain must be another's loss40 ,to ,augustine1 8business in itself is an evil1 for it turns men from seeking true rest1 which is ,god40 ,aquinas decided 8that to buy a thing for less1 or sell a thing for more than its value is1 in itself1 unallowable and unjust40 ,it has been estimated by ,bastiat1 ,karl ,marx and ,nordau1 that laborers are unjustly deprived of the value of four days labor in each week4 ,terrible is the injustice to wage-earners1 the world over1 if the deductions of ,carpenter and ,godwin are to be accepted4 8,behold the hire of the laborers which is of you kept back by fraud1 crieth3 and the cries of them are entered into the ears of the ,lord of ,sabaoth40 ,proudhon and ,spencer have revealed the 8economic's lies0 of modern society4 8,the great game of the business world is the game of getting on10 wrote ,john ,ruskin2 8not of everybodies getting on1 but of somebody getting on4 ,what to one family is the game of getting on1 to one thousand families is the game of not getting on4 ,nay1 you say1 they have all their chance4 ,yes1 so has every one in a lottery1 but there must always be the same number of blanks4 ,ah6 but in a lottery it is not skill and intelligence that take the lead1 but blind chance4 ,what then6 do you think the old practice that they should take who have the power1 and they should keep who can1 is less iniquitous when the power has become the power of brains instead of fist80 ,is this a world of equivalents in labor8 ,what is the ratio of riches awarded to those who toil8 ,in #ahfj1 the net average income was but three per cent4 ,yet1 for that year the income of bare money 7which needs no food1 clothing or shelter71 was all the way from five to thirty per cent4 ,in ,england #cj1jjj1jjj people are taxed that interest may be paid to #cjj1jjj4 ,in #ahgj1 the interest on the national debts of the world amounted to #a1gjj1jjj1jjj4 ,this rate in nine years would absorb a sum equal to the entire property of this country in #ahgj4 ,we are informed that trade is annually taxed 7interest on capital7 about #bjj1jjj1jjj1 for which not one dollar of actual service is rendered4 ,is interest on 8watered0 stock any better than theft8 ,a world of equivalents1 indeed6 ,in our cities five per cent of the population own more property than ninety-five per cent2 and twenty per cent of the nation own more than the remaining eighty per cent4 ,at the present rate of increase1 within thirty years1 #ajj1jjj persons will own four-fifths of all the property in the ,united ,states4 ,in twenty-five years the number of our people who own their homes has decreased from five-eighths to three-eighths4 ,in ,new ,york ,city more than #a1ajj1jjj persons are dwelling in tenement houses4 8,in #ahhi1 the farm mortgages in the western states amounted to three billion four hundred and twenty-two million dollars40 ,in ,england1 to-day1 there are less than #cj1jjj landed proprietors--one-half of the country is owned by #aej men4 ,twelve men own one-half of ,scotland4 ,the working classes of the ,united ,kingdom own but a thirtieth part of the total real and personal property4 ,strictly considered1 two things are said to be equivalent when they are 8equal in value40 ,generally speaking1 however1 interchanges are seldom1 if ever1 8alike in worth40 ,the equality of labor for labor does not occur once in millions of times4 8,value0 is an indefinite term4 ,into 8worth0 enters such intangible qualities as whim1 caprice1 taste1 fancy1 ambition1 pride1 habit1 desire1 appetite1 passion and amusement4 ,exact and utilitarian standards would destroy belle lettres and the fine arts2 dissipate recreation and the amenities of life4 ,are there precise 8work-a-day0 equivalents for literature1 music1 sculpture1 painting2 for the opera1 the theatre1 the salon1 the club-room8 ,gaming is an amusement for many persons4 ,thousands enjoy the excitements of chance4 ,it stimulates their spirits above the cares and drudgery of existence4 ,such men prefer a game to either book1 piano or cigar4 ,with them it is not a question of utility but of diversion4 ,is the value of entertainment to be measured in muscle or metal8 ,wherein1 essentially1 does gaming differ from speculation or insurance8 ,all have their foundation in chance4 ,contingencies and uncertainties enter into each as a consideration for investment4 ,a gamester bets upon the turn of a card1 or the cast of a die4 ,the speculator purchases in anticipation of contingent advance in the price of a commodity4 ,a corporation indemnifies an individual1 conditionally1 against possible death or loss by fire4 ,in neither instance can the result be foretold3 the gamester may or may not win1 the speculator may or may not realize a profit1 the assured may or may not forfeit his life policy1 or lose by fire4 ,in every transaction1 fortuity is the controlling element2 if for this reason any one is invalid or immoral1 so are the others4 ,large sums have been won and lost at cards4 ,many fortunes had their origin in speculation3 also1 it has been productive of widespread disaster1 distress and despair4 ,insurance companies have benefited thousands of widows and orphans4 ,innumerable are the families upon whom indigence has fallen through the forfeiture of policies4 ,forfeited premiums to the amount of millions are now invested in palatial structures throughout the civilized world4 ,analysis might show in gaming1 speculation and insurance1 that at least the equities and ethics are even4 ,view the subject as we may1 ye gamester1 8where is thine accuser80 ,to all men he can say3 8,he that is without sin among you1 let him first cast a stone40 ,now1 some one may ask3 8,is not gambling immoral to the extent it may induce a reliance upon chance for a livelihood1 instead of patient industry40 ,i might reply3 8,what is industry1 as known to political economy2 and what proportion of the world's wealth is a result of direct personal exertion80 ,but1 generally1 men are rational creatures1 and do not depend upon games of chance for a living4 ,the credulous men are relatively few who rely entirely upon the outcome of chance in games as a business2 and those few are at least on a par in wisdom and ethics with the millions who gamble in future prices of stocks1 grain1 and other commodities4 8,ah6 but you forget10 rejoins my critic1 8that in other pursuits a man produces something by his industry1 or contributes to that result indirectly1 whereas in gambling nothing is produced40 ,i consider this erroneous1 in the face of social experience1 as has been indicated heretofore4 ,it may be as soundly said1 that a 8man has no right to invest his money in cattle1 or lands1 or bonds1 unless his labor is put in with it4 ,a man buys a horse and hires him to his neighbor4 ,is he entitled to the money his horse earns for him8 ,he invests in bonds at fifty cents on the dollar4 ,does he not hope they will appreciate in value1 until they are worth dollar for dollar8 ,he pays #ajjj for a piece of land4 ,in two or three years1 perhaps1 his neighbors have invested around him1 and have improved their properties1 and he finds that his land will sell for #bjjj4 ,his labor did not contribute to that result4 ,he risked his capital exactly as he would have done in a game of chance40 ,the ,destinies2 or1 ,the ,reign of ,law4 ,illustration ,,chapter ,,iii4 ,the ,destinies2 or1 ,the ,reign of ,law4 ,on one occasion1 an aged scholar soliloquized as follows3 8,homer was at the same time beggar and poet3 his mouth more often filled with verses than with bread4 ,plautus turned a mill that he might live4 ,menander1 ,cratinus and ,terrence were drowned2 ,empedocles lost in the crater of ,mount ,etna2 ,euripides and ,heraclitus torn to pieces by dogs2 ,hesiod1 ,archilochus and ,ibychus1 murdered4 ,sappho threw herself from a precipice4 ,condemned by a tyrant1 respectively1 ,seneca1 ,lucan1 and ,petronius ,arbiter1 cut their veins and bled to death4 ,poison terminated the lives of ,socrates1 ,demosthenes and ,lucretius4 8,in ,plutarch1 we read of #8two eminent persons1 whose names were ,attis1 the one a ,syrian1 the other of ,arcadia1 both were slain by a wild boar2 of two1 whose names were ,acteon1 one was torn to pieces by his dog1 the other by assassins2 of two famous ,scipios1 one overthrew the ,carthagenians in war1 the other totally destroyed them2 four of the most warlike commanders of antiquity had but one eye--,philip1 ,antigonous1 ,hannibal and ,sertorius4' 8,paul ,borghese1 a writer of rhythmic verse1 died of starvation4 ,tasso1 himself the most amiable of poets1 lived like a pauper1 and passed away in an asylum4 ,bentivoglio1 a creator of classic comedies1 in the misery of his old age1 was refused admittance to an hospital he had founded4 ,cervantes died of hunger1 and ,camoens ended his days in an almshouse4 ,the body of ,vaugelas was disposed of to surgeons that his debts might be paid4 ,spencer was forsaken and neglected in his old age4 ,decker1 ,cotten1 ,savage and ,lloyd breathed their last in jails4 8,might not these men have said1 #8,who can shut out fate8' ,were they the sport of circumstances1 or could circumstances have been made their sport8 ,was each independent of fatality8 ,was he free from destiny2 or1 was he subject to an unalterable course--an invincible necessity80 ,the query of this venerable sage has been that of civilized man in every age4 ,coming into the world with the dawn of philosophy1 it will remain until the veil of ,isis is uplifted4 ,profoundest wisdom has ever taught the subordination of man to a higher law1 by which his career is largely determined from the beginning4 ,investigation will disclose that such1 to-day1 is the real opinion of a vast majority of mankind4 ,the thought was ascendant in the literature and religion of the ancient ,greeks4 ,their ,moira was a personification of law2 the ,goddess of ,destiny1 who assigned to everyone his fate1 or 8share40 ,at the birth of man she spun the thread of his future life1 pursued his footsteps1 and directed the consequences of his actions1 according to the decrees of ,zeus4 ,by some she was conceived as a fatal divinity1 who directed human affairs in such a manner as to restore the right proportions or equilibrium1 wherever it had been disturbed2 who measured out happiness and unhappiness1 and allotted losses and sufferings to him who was blest with too frequent gifts of ,fortune1 to the end he might be humbled into acknowledging the existence of bounds beyond which human happiness cannot proceed with safety4 ,to ,homer she was not an absolute sovereign of both heaven and earth1 to whom even the gods must bow2 but merely apportioned the fate of men1 as counseled by ,deity4 ,in the theology of ,hesiod there were three3 ,clotho1 the spinning fate2 ,lachesis1 who assigned to man his fate2 and ,atropo1 who decreed a fate that could not be avoided4 ,this conception answered to the ,teutonic ,norns1 or ,weird ,sisters4 ,what was to the earlier poets of ,greece a person1 schylus apprehended as a principle2 a law for both gods and men2 an over-ruling1 ever-present1 inevitable necessity1 against which it is vain to contend1 and from which it is hopeless to escape4 8,his characters are pre-determined parricides1 murderers and adulterers40 ,for instance1 the destiny of the pious ,amphiaraus led him to that death his wisdom foresaw2 fate impelled him to the society his judgment forbade4 ,good ,eteocles1 too1 lies under the band of fate1 but seeks not to avert the doom4 8,stern1 uncompromising1 he will meet the man he must slay1 by whom he must himself fall40 ,the inexorable destiny of schylus was to ,sophocles and ,plato an ordering of the divine will4 ,two great schools of philosophy divided the educated opinion of classic ,greece and ,rome4 ,the tenets of both were fatalistic in tendency4 ,what was to the ,epicurean a 8chance0 appealed to the ,stoic as 8law40 ,man1 taught ,epicurus1 is a mere buffet of a blind fatality4 ,the phenomenon of life1 said ,stoicism1 is governed with iron sway by an imminent necessity of reason4 8,man should be free from passion10 preached ,zeno1 8unmoved by joy or grief1 and submit without complaint to the unavoidable power by which all things are governed40 ,buddhism is the doctrine taught by ,gautama1 the ,hindoo sage1 in the sixth century1 ,b4 ,c42 now the belief of a greater part of central and eastern ,asia and the ,indian ,islands4 ,in this creed1 fatality is a cardinal principle4 ,sir ,edwin ,arnold has designated it 8,the ,light of ,asia40 ,the great religion of ,brahma1 also1 teaches that everything is subject to a divinely appointed necessity4 ,it boasts a philosophy that was the admiration of ,bruno1 ,schelling1 ,hegel1 and ,draper4 ,manes declared that the moral universe was controlled by two supreme principles2 one the author of all good1 the other the author of all evil4 ,the highest conception of ,mohammed is an arbitrary and inexorable law4 ,in the ,koran we read3 8,no man can anticipate or postpone his end4 ,death will overtake us1 even in lofty towers4 ,from the beginning1 ,god hath settled the place in which each man shall die40 ,the ,persian poet sings3 8,the destinies ride their horses by night4 ,no man can by flight escape his fate4 ,whether asleep in bed or in the storm of battle1 the angel of death will find thee40 8,i am convinced10 saith ,ali1 8that the affairs of men go by divine decree1 and not by our administration40 ,in the philosophy of ,solomon1 as recorded in ,ecclesiastes1 we read3 8,the thing that hath been1 it is that which shall be2 and that which is done is that which shall be done3 and there is no new thing under the sun4444 ,to everything there is a season1 and a time to every purpose under the heaven3 a time to be born1 and a time to die2 a time to plant1 and a time to pluck up that which is planted2 a time to kill1 and a time to heal2 a time to break down1 and a time to build up2 a time to mourn1 and a time to dance2 a time to cast away stones1 and a time to gather stones together2 a time to embrace1 and a time to refrain from embracing2 a time to get1 and a time to lose2 a time to keep1 and a time to cast away2 a time to rend1 and a time to sew2 a time to keep silence1 and a time to speak2 a time to love1 and a time to hate2 a time of war1 and a time of peace40 ,with ,christianity came the dogma of 8predestination0 and 8election40 ,this was promulgated1 on the very threshold1 by ,paul1 a man of the sublimest genius2 adorable1 venerable and heroic4 ,thus he addressed the church at ,rome3 8,and we know that all things work together for good to them that love ,god1--to them who are the called according to ,his purpose4 ,for whom he did foreknow1 he also did predestinate to be conformed to the image of his ,son1 that he might be first born among many brethren4 ,moreover whom he did predestinate1 them he also called3 and whom he called1 them he also justified3 and whom he justified1 them he also glorified4 ,what shall we say to these things8 ,if ,god be for us1 who can be against us80 ,this idea is necessarily involved in the theology of ,st4 ,augustine1 who maintained that 8grace is effectual from its nature1 absolutely and morally1 not relatively and gradually40 ,it remained for ,john ,calvin to erect the assertions of ,paul into a cognate and masterly system4 ,he insisted upon the purpose of ,god from eternity1 respecting all events4 ,briefly1 of the religion of the world1 to-day1 ninety per cent are predestinarian in theory or practice1 consciously or unconsciously4 ,of ,christendom1 those who agree with ,arminius are in a small minority1 relatively3--a minority whose creed involves not only the limitation of divine knowledge1 but a paralysis of divine power and the moral chaos of a universe4 ,that religion is necessarily puerile and unphilosophic which attempts to reconcile the omnipotence of ,god with the freedom of man4 ,either ,nature is ordered for the best--so as to produce the highest good2 or else1 everything is purposeless and for the worst4 ,in a word1 either optimism or pessimism must wholly prevail3 logically1 a middle ground is impossible4 ,we must choose between ,leibnitz or ,schopenhauer4 ,literature and religion aside1 the greatest intellects have promulgated a 8philosophy of necessity40 ,everything that exists1 wrote ,oersted in substance1 depends upon the past1 prepares the future1 and is related to the whole4 8,everything throughout creation is governed by law3 but over most of the tracts that come within the active experience of mankind1 the governing hand is so secret and remote1 that until very large numerical masses are brought under the eye at once1 the controlling power is not detected40 ,jonathan ,edwards said3 8,nothing comes to pass without a cause4 ,what is self-existent must be from eternity1 and must be unchangeable2 but as to all things that begin to be1 they are not self-existent1 and therefore must have some foundation for their existence without themselves40 ,spinoza urged that 8,in no mind is there an absolute or free volition2 but it is determined to choose this or that by a cause1 which likewise has been fixed by another1 and this again by a third1 and so on forever40 ,emanuel ,kant contended that 8every action or phenomenon1 so far as it produces an event1 is itself an event or occurrence1 which pre-supposes another state wherein the cause is to be met with2 and thus everything that happens is but a continuation of the series1 and no beginning which occurs of itself is possible2 consequently1 all the actions of the natural causes1 in the succession1 are themselves again effects40 ,our own ,emerson asserted the omnipotence and omnipresence of law3 8,that the wilful and the fantastic1 the low and the lofty1 are encircled by a necessity40 ,whatever limits us1 we call fate4 ,if we are brute and barbarous1 the fate takes a brute and dreadful shape4 ,if we rise to spiritual culture1 the antagonism takes a spiritual form4444 ,the limitations refine as the soul purifies1 but the ring of necessity is always perched at the top4 ,none greater than these may be found in the noble realm of speculative thought4 ,they are unequalled by few1 if any4 ,the whole field of modern science1 also1 is in accord with their deductions3 ,teaching that nature is an inevitable sequence1 and that all phenomena1 material and mental1 are linked together by an inevitable connection4 ,in the words of ,herbert ,spencer3 8,various classes of facts unite to prove that the law of metamorphosis which holds among the physical forces1 holds equally between them and the mental forces4 ,those modes of the unknowable which we call motion1 light1 heat1 chemical affinity1 etc41 are alike transferable into each other1 and into those modes of the unknowable which we distinguish as sensation1 emotion1 and thought2 these in their turns being directly or indirectly re-transferable into the original shapes40 ,would you dethrone man1 ,i am asked8 ,no2 ,i surrender to the behests of philosophy as fortified by the deductions of science4 ,years ago it was argued by ,comte that1 in social order1 the higher must subordinate itself to the lower4 ,that the organic finds itself controlled and limited by the inorganic world1 and man has to work out his destiny in submission to all the necessities1 physical1 chemical and vital1 which are pre-supposed in his existence4 8,the higher10 he continued1 8can overcome the lower only by obedience2 if it is to conquer1 it must at least #8stoop to conquer4'0 ,and as was once stated by ,doctor ,conolly1 8,all the superiority of man1 all those faculties which elevate and dignify him1 this reasoning power1 this moral sense1 these capacities of happiness1 these high aspiring hopes1 are felt and enjoyed and manifested by means of the nervous system4 ,its injury weakens1 its imperfections limit1 its destruction ends them40 ,but1 it may be asked1 is not this a denial of 8free-will80 ,yes1 as popularly understood4 ,a 8free-will10 in the metaphysical sense1 is impossible4 ,the conception is unknown to the best modern psychology4 ,the abstract will1 of certain metaphysicians1 is a phantasm4 ,individual volitions1 only1 come within our actual experience4 ,they have been generalized1 by mental philosophers1 into a self-existent1 self-sustaining1 and self-procreating entity4 ,however1 an abstraction is not an essence4 ,such men but tell us what a 8free will0 should be2 that it exists has never been demonstrated4 ,again1 the phenomenon 8will0 is now known to be transmitted from generation to generation4 ,heredity teaches that its energy and its weakness are connected with certain states of the organism4 8,we can no longer doubt the transmission takes place by means of the organs1 and1 in fact1 that the #8will' is physiological40 ,moreover1 in a philosophical sense1 the idea is 8at war0 with a uniform law of cause and effect4 ,chance events are inconceivable in a universe of causation4 ,freedom of the will1 therefore1 is a delusion4 ,for ages men believed that the sun revolved around the earth1 because it seemed to do so4 ,a similar illusion is at the base of our ethical system1 since we enjoy only the appearance of liberty4 8,our apparent freedom consists in the absence of all physical restraints1 and in our power to do as we please2 but what we please to do depends upon our mental constitution and the circumstances in which we are placed40 ,the idea was beautifully expressed by ,emerson in his poem 8,fate40 8,deep in the man sits fast his fate1 ,to mold his fortune1 mean or great3 ,unknown to ,cromwell as to me ,was ,cromwell's measure or degree2 ,unknown to him as to his horse1 ,if he than his groom be better or worse1 ,he works1 plots1 fights in rude affairs1 ,with ,squires1 ,lords1 ,kings1 his craft compares1 ,till late he learned1 through doubt and fear1 ,broad ,england harbored not his peer4 ,obeying time1 the last to own ,the genius from its cloudy throne1 ,for the prevision is allied ,unto the thing so signified2 ,or say1 the foresight that awaits1 ,is the same genius that creates40 ,in human history1 as in physical nature1 therefore1 every event is linked to its antecedent by an unavoidable connection1 and such precedent is connected with an anterior effect2 and thus the whole would form a necessary chain1 in which1 indeed1 each man may play his part1 but can by no means determine what the part shall be4 ,the moral actions of men1 said ,buckle1 are the product of their antecedents4 ,in other words1 when an action is performed1 it is performed in consequence of certain motives2 those motives are the results of some antecedents2 8therefore1 if we were acquainted with the whole of the antecedents and with all the laws of their movements we could with certainty foretell the whole of their immediate results4 ,this great social law is liable to disturbances which trouble its operation1 without affecting its truth40 ,ergo1 given any set of circumstances1 and nothing could have happened1 save that which did happen2 and under exactly the same conditions1 the conduct of men must ever issue in the same results4 ,the past should be dismissed without regrets4 ,our position1 at any time1 should be judged as it really is1 and not for what we vainly suppose it might have been2 8for nothing is more certain than that we could not have acted differently in any act of our lives1 with the state of mind and circumstances then existing40 ,statistics1 likewise1 are daily making it evident that the same fixed calculable laws exist in the departments of life and mind as in physics4 8,in individual cases1 or in a limited circle1 apparent uncertainty may exist4 ,within a given number of cases1 however1 and a large field1 invariable results may be looked for40 ,in the #abth annual report of ,william ,farr1 ,esq41 to the ,registrar ,general of ,england1 we are told 8it may be broadly stated that #bg in #ajjj men of the population of the age of #bj and under #fj1 are suffering from one kind of disease or another2 that several are of long duration1 that others are recurrent1 and that some are hereditary40 ,we are informed in a subsequent report of the ,registrar himself1 that it seems to be a 8law0 one person out of every #de1 living at the commencement of any year1 will die within that year4 7,the entire system of insurance--life1 fire1 and marine--is erected on the principle contended for in this chapter4 ,not only do a certain relative number of men die in each class annually1 but the law extends to the number of policies lapsed each year4 ,there seems also to be a periodicity in the number of fires and marine disasters47 ,according to ,porter and ,buckle1 even 8marriage is not determined by the temper and wishes of the individual1 but by large general facts over which individuals can exercise no authority4 ,it is now known that marriages bear a fixed and definite relation to the price of corn40 ,a century's experience in ,england demonstrates that marriages are regulated by the average earnings of the great mass of people4 ,cheapness of provision and not love regulates the number of nuptials4 ,combe affirms the same striking coincidence in the ratio of births in ,great ,britain4 ,another singular fact has been deduced from the official reports of ,england and ,france4 8,even forgetfulness is under a constant law40 ,buckle is an authority for the statement that 8year after year1 the same proportion of letter-writers forget to direct their letters1 in some part2 so that for each successive period we can actually foretell the number of persons whose memory will fail them in regard to this trifling occurrence40 ,by the same witness we prove 8the uniform reproduction of crime is more clearly marked1 and more capable of being predicted than are the physical laws connected with the disease and destruction of our bodies40 ,before this1 ,combe had observed a similar uniformity1 under similar circumstances1 of the recurrence of crimes4 ,he perceived in human conduct the same striking indications of constancy in results1 as in the prevalence of disease and the endurance of life4 ,combe said1 in #ahed1 in writing by way of comment on a certain report to the ,house of ,commons3 8,during the five years1 ending with the last year of an execution1 there were committed for the crimes enumerated1 #gbgf persons1 of whom #aif were executed4 ,during the five years immediately following the last execution1 there were committed for the same offense #gabj4 ,does not this show that these crimes arose from causes in themselves permanent1 and which punishment does not remove80 ,rawson also remarked that the greatest variation which had taken place during three years1 in the proportion of any class of criminals1 at the same period of life1 had not exceeded a half per cent4 ,and ,dr4 ,brown states 7,vol4 #h of the ,assurance ,magazine71 that 8in twenty years1 the number of persons accused of various crimes in ,france1 and registered under their respective ages1 scarcely varies at any age1 from year to year1 comparing the proportional per cent under each age with the totals40 ,m4 ,quatelet deduced from the statistical returns of government in the same country1 that for #ahbf1 #ahbg1 #ahbh1 #ahbi and #ahcj1 in each year1 there was one person accused out of every #ddfc inhabitants1 and #fa condemned out of every #ajj accused4 8,in everything which concerns crime10 observed this greatest of statisticians1 8the same numbers re-occur with a constancy which cannot be mistaken1 and that this is the case1 even with those crimes which seem quite independent of human foresight1 such1 for instance1 as murders1 which are generally committed after quarrels arising from circumstances apparently casual4 ,nevertheless1 we know from experience1 that every year there not only take place the same number of murders1 but even the instruments by which they are committed1 are employed in the same proportion40 ,murder1 then1 8occurs with as much regularity as the movements of the tides and the rotation of the seasons40 8,self-murder10 ,buckle observes1 8seems to be not only capricious and uncontrollable1 but also very obscure in regard to proof40 ,yet1 in different countries1 for which we have returns1 we find1 year by year1 the same proportion of persons putting an end to their own existence4 ,in ,london1 for example1 about #bdj persons make away with themselves every year2 the annual suicides oscillating1 from the pressure of temporary causes1 between #bff1 the highest1 and #bac1 the lowest4 ,in #ahdf1 which was the great year of excitement--caused by the railroad panic--the suicides in ,london were #bff2 in #ahdg began a slight improvement1 and they fell to #bef2 in #ahdh they were #bdg2 in #ahdi they were #bac2 in #ahej they were #bbi4 ,in the 8,journey through ,india10 ,heber mentions the vain attempt of the ,english government to check the frequent suicides by drowning1 committed at ,benares2 and ,august ,comte has exposed the folly of thinking that suicide can be diminished by the enactments of law-givers4 ,of this field1 ,quatelet says1 in conclusion3 8,the possibility of assigning1 beforehand1 the number of accused and condemned which should occur in a country1 is calculated to lead to serious reflections1 since it involves the fate of several thousands of human beings1 who are impelled1 as it were1 by an irresistible necessity1 to the bar of the tribunal1 and towards the sentences of condemnation that there await them4 ,these conclusions flow directly from the principle1 already so often stated in this work1 that effects are in proportion to their causes1 and that the effects remain the same1 if the causes which produced them do not vary40 ,another step is needed to complete our argument in this branch4 ,actions are the production of motives4 ,motives are the effects of determinate antecedents4 ,whence these antecedents8 ,they are to be found in the 8,law of ,heredity40 ,reproduction is governed by law1 and 8like begets like40 ,to quote from ,voltaire3 8,the physical1 which is #8father of the moral1' transmits the same character from father to son for ages4 ,the ,appii were ever proud and inflexible2 the ,catos always austere4 ,the whole line of the ,guises were bold1 rash1 factious1 full of the most insolent pride and most winning politeness4 ,from ,francis de ,guise down to that one who put himself at the head of the people of ,naples1 they were all in look1 courage and character above ordinary men4 ,i have seen full length portraits of ,francis1 of ,balafre and his son3 they were all six feet high1 and they all possess the same features--the same audacity on the brow1 in the eyes1 and in the attitude40 ,m4 ,taine sees in ,lord ,byron a true descendant of the ,berserkers4 ,to ,ribot1 the ,french of the #aith century are the ,gauls described by ,csar and ,strabo4 ,amphere writes of the character of the ,greeks1 that it has not changed2 8he has now the same qualities1 the same defects as of old40 ,the physiology and mentality of parents characterize their offspring4 ,the human mind is not a blank at birth4 ,its capabilities and character are inherited4 ,every possibility of the soul is innate and constitutional from the moment of gestation4 ,such is the verdict of science substantiated by ,ribot1 ,galton1 and ,fowler4 ,that the peculiar anatomy and physiognomy of races is persistent and hereditary1 must be admitted4 ,the truth is verified by every-day experience4 ,we see it in the ,englishman1 the ,frenchman1 the ,spaniard1 and ,scandinavian4 ,the intellectual characteristics of a people are likewise transmitted from generation to generation4 ,the ,indian1 for example1 is ever wild1 free1 cunning and revengeful4 ,negroes1 on the other hand1 are generally timid1 garrulous1 urbane and polite4 ,the ,hebrews1 again1 are noteworthy for intellectual calibre1 the acquisitive faculty1 and a clannish spirit4 ,in the family1 likewise1 likenesses and stature pass from generation to generation4 ,so1 also1 of size4 ,fowler found this exemplified everywhere4 ,some of his illustrations were taken from the ,websters1 ,franklins1 and ,folgers4 ,muscular strength is hereditary1 as with the ,douglas1 ,fessenden1 and ,garrish families4 ,physical deformities and excrescences obey this edict of nature2 and it includes disease1 insanity1 gray hair1 premature death1 propensities1 length of life and beauty4 ,the truth is overwhelming that mental faculties and qualities descend from child to child4 ,these sequences in mental phenomena operate through generations upon caution1 self-esteem1 firmness1 pride1 benevolence1 and religious feeling4 ,talent and ability go by descent4 ,even genius1 although akin to divine1 is transmissible4 8,each generation10 said ,galton1 8has enormous power over the natural gifts of those that follow4444 ,the results of an examination into the kindred of about #djj illustrious men of all periods of history were such1 in my own opinion1 as completely to establish the theory that genius was hereditary40 ,now for my application4 ,gambling1 in some form1 is a propensity of the general mind3 an inclination now hereditary in the race4 ,that such must be the case is clear from ,ribot1 ,maudsley and ,da ,gama ,machado4 8,the dead rule over the living10 writes ,spencer4 8,past generations exercise power over present generations1 by transmitting their nature1 bodily and mental40 ,the origin and development of gambling were obvious to the eminent astronomer1 ,richard ,a4 ,proctor4 8,beyond doubt10 he said1 8the element of chance which enters into all lives1 has had a most potent influence in moulding the characters of men4 ,if we consider the multitudinous fancies and superstitions of men like sailors1 farmers1 and hunters1 whose lives depend more on chance than those of men in some other employments1 and recognize this as the natural effect of the influence which chance has on their fortunes1 we need not consider it strange if the influence of chance1 in moulding the minds and characters of our ancestors during countless generations1 should have produced a very marked effect on human nature4 ,an immense number of those from whom ,i inherit descent must1 in the old savage days1 have depended almost wholly upon chance for the very means of subsistence4 ,when1 wild in wood1 the savage ran1 he ran on speculation4 ,he might1 or he might not1 be lucky enough to earn his living on any day1 by a successful chase1 or by finding such fruits of the earth as would supply him with a satisfactory amount of food4 ,he might have much depending on chances which he could not avoid risking1 as the gambler of to-day has when he #8sees red' and stakes his whole fortune on a throw of the dice or a turn of the cards4 ,we cannot be doubtful about the effects of such chance influences even on the individual character4 ,repeated1 generation after generation1 they must have tended to fill men with a gambling spirit1 only to be corrected by innumerable generations of steady labor2 and1 unfortunately1 even in the steadiest work1 the element of chance enters largely enough to render the corrective influence of such work on the character of the race much slower than it might otherwise be4 ,every man who has to work for his living at all1 every man who has to depend in any way1 on business for wealth1 has to trust to chance1 in many respects4 ,so that all men1 in some degree1 more or less1 have their characters modified by this peculiarity of their environment4 ,the inherited tendency of each one of us towards gambling1 in some one or other of its multitudinous forms1 is undoubtedly strengthened in this way40 ,first1 we see1 it cannot be said that gambling is immoral1 sinful1 or irreligious4 ,second1 it is clear the propensity to gamble is as natural as the temperament or complexion4 ,the law can no more destroy the natural inclination of the mind1 than it can make 8one hair white or black40 ,if an evil 7which in the absolute sense ,i deny71 it is not to be prevented by legislation4 ,it is no more possible1 by direct effort1 to change the gaming proclivity in man than to stem the torrent1 or check the eternal progress of the glacier4 ,the growth of centuries1 down it moves through the years in an irresistible march4 ,absurd seem all our demonstrations2 how idle1 the beating of the air4 ,when one form passes away another immediately takes its place4 ,disappearing here1 it appears there4 ,apparently suppressed in one place it breaks out with more vigor in another4 ,continue it will1 and continue it must1 whether practiced openly or in secret4 ,if it is not the faro-bank or lottery it is something worse4 ,if not the gambling-rooms of a ,morrissey1 a ,daly1 a ,pendleton or a ,hankins1 it will be the mammoth palaces 7boards of trade and chambers of commerce1 so-called71 which now are a feature of every city in ,christendom1 and wherein millions upon millions are wagered annually upon the very bread and meat wherewith our life is sustained2 wherein billions are lost and won1 sometimes to the injury of every department of actual production4 ,there are the open boards of trade1 too1 wherein the petty transactions aggregate many millions4 ,i am told by those who have made it a study for years1 that more than #hj per cent of the transactions on the exchange are fictitious3 mere betting on the rise and fall of commodities in price4 ,all authority in this matter is practically powerless4 ,inclinations will be satisfied1 and until inclinations change1 the demand will be supplied2 this1 moreover1 in the face of laws however stringent1 or police supervision however effective4 ,such methods are not only ineffective1 but absolutely injurious to society4 ,no nation or government has succeeded in restricting1 limiting1 or curing the gambling spirit and practice4 ,that this is true1 ,i call upon every candid and fair-minded man of experience to bear witness4 ,i appeal to lawyers1 judges1 statesmen1 scientists1 philosophers1 and the police and municipal authorities throughout the ,united ,states and ,europe to corroborate my statement4 ,the sooner this is generally realized1 the better for humanity4 ,what ,i have to suggest1 instead of the present policy1 is reserved for consideration in another place4 ,i may say here1 however1 that for the law to punish what it cannot thereby cure is absurd--absurd as is every attempt to accomplish the impossible4 ,systematic education is the only hope2 incessant training the only remedy for appetites and propensities2 either for their correction1 restraint1 or subversion4 ,if it had been revealed to man that gambling is a sin1 even that would not vitiate our reasoning in this chapter4 ,god1 or absolute wisdom1 should be able to reconcile the existence of an evil with ,his own ,sovereignty4 ,however1 this chapter is not concerned with the realities of religion1 or the true principles of philosophy4 ,as human conceptions1 they have been noted as in accord with the teachings of science2 to show that the human intellect responds intuitively to what are subsequently known as the laws of nature4 ,legislative ,exorcism2 or1 ,the ,belief in ,word-,magic4 ,illustration ,,chapter ,,iv4 ,legislative ,exorcism2 or1 ,the ,belief in ,word-,magic4 ,for ages1 mankind were believers in magic4 ,one of the phases was ,exorcism1 or a pretended exercise of supernatural power1 through certain words of magic import4 8,healing words10 says ,van ,helmont1 8were used against the devil and all diseases40 ,and it is asserted by the ,zendavesta that 8many cures are performed by words40 ,that the magic power of words was a belief of the ,greeks and ,romans1 is evident from their literature4 ,thus it is said of ,plotin1 that while in ,sicily he cured ,porphyrius of a fever1 8by wonder-working words40 ,we are told how ,orpheus' song calmed the storm1 and how ,ulysses 8stopped the bleeding of wounds by the use of certain words40 ,they also tell us1 that with words1 ,cato cured sprains2 ,marcus ,varrus removed tumors2 and ,servilius ,novianno restored sight to the eyes4 ,it is gravely stated by ,pliny that ,cato did not alone use the words1 8motas1 daries1 dardaries1 astaries10 but likewise a green branch1 four or five feet long1 which he split in two1 and caused to be held over the injured limb4 ,a similar power was ascribed to the philosopher1 ,pythagoras4 ,and if 8ye olden chronicle0 is to be credited1 the curses of ,peter of ,amiens and ,bernard of ,clairvaux1 8produced fearful spasms and sufferings1 whilst their blessings restored speech to the dumb and health to the sick40 ,the belief in magic is not general in our age of the world4 ,it has gradually retired before the march of reason and the light of scientific truth4 ,that all nature1 organic and inorganic1 animate and inanimate1 is subject to a universal law of cause and effect1 is now a truism to every educated person4 ,science has forever destroyed the curative influence of phrases4 ,reason sternly excludes verbal formul from the realm of physical causation4 ,that any mere words may be used against disease or injury is now denied by enlightened opinion the world over4 ,in medicine1 therefore1 ,exorcism is a thing of the past4 ,one aspect of the superstition still remains1 as an obstacle to the progress of humanity2 the possibility of legislating morality into men4 ,law-givers still cling to the power of 8exorcism0 by statute4 ,their blind creed is3 8beatification and education by law40 8,to them1 laws are the cows1 whose teats mankind should suck4 ,to them1 men are as dough1 which their wisdom would knead40 ,this adoration of the law and legislators was systematically inculcated by the #ahth century publicists3 ,montesquieu1 ,robespierre1 ,rousseau1 and ,st4 ,just4 ,they seem to teach that 8the law cannot come out of us1 but must be poured into us40 ,but1 as ,erlanger has said with truth1 he who undertakes to give institutions to a people must feel within himself the capacity to change human nature1 to metamorphose every man1 to transmute the constitution of each individual1 to strengthen them2 in one word1 8he must take from mankind their own powers1 and impart to them a foreign power40 ,statesmen should recognize with ,carpenter1 that 8society is the gigantic growth of centuries1 moving on in a resistless and orderly march1 with the precision and fatality of an astronomic orb40 ,the huge being marches on with elephantine tread4 ,the liberal sits on its front and the conservative on its rear2 but both are swept along1 whether they will or not1 and both are shaken off ere long1 inevitably1 into the dust4 ,one reformer shouts 8this way10 and another cries 8that10 but down comes the great foot and crushes both1 indifferently2 the man who thought he was right1 and the man who found he was wrong2 crushing1 alike1 him who would facilitate1 and him who would impede its progress4 ,at least1 it should be kept in mind1 8that laws are made by the people1 and not the people by the laws40 ,modern society is so burdened by an enormous and complex overgrowth of law1 that the necessity for its existence is now a prevailing notion1 to the end that men may be kept in order3 that1 without the oppressive institution1 people would not follow a systematic life4 ,on the other hand1 all observation of civilized races discovers the directly opposite4 ,the instinct of man is to regularity of life1 and law is but a result or expression of this4 8,as well attribute the organization of a crab to the influence of its shell1 as ascribe the orderly life of a nation to the action of its laws40 ,the law may have a purpose1 but to believe it will preserve order is illusive4 ,this it certainly does not effect1 even with all its machinery of police1 courts and prisons4 ,fichte said3 8,the object of all government is to render government superfluous40 ,the same idea has been expressed by ,whitman and ,paine4 ,moreover1 8if external authority1 of any kind1 has a final purpose1 it must be to establish and consolidate an internal authority4 ,when this process is complete1 government1 in the ordinary sense1 is already rendered superfluous40 ,the world has been slow 7or loath7 to learn the only proper functions of government4 ,this must be clear to every reader of ,bruce ,smith1 ,lieber and ,dick4 ,in the governments of oriental antiquity1 political authority was clothed with a super-eminent and absolute jurisdiction over the whole life of its subjects2 8the manners of their subjects1 their rank1 their condition1 mode of life1 and daily occupations1 were all fixed by the law40 ,and1 in the opinion of ,grecian philosophers1 the state was everything1 the individual nothing4 ,in their judgment1 the government should not permit any individual to waste his power and energy1 nor should he be allowed to misdirect it4 ,they insisted the law must first devise the model of a perfect citizen2 and then1 by a system of discipline1 mould1 or rather distort1 into agreement therewith1 the character of every citizen4 ,the powers of state1 therefore1 should embrace individual life in its entirety2 from infancy to mature age1 8in all conditions and relations1 whether domestic1 religious1 social1 industrial or political40 ,such teachings had their illustration in the administration of ,greek governments4 ,in ,sparta1 for example1 under the reign of ,lycurgus1 the citizen belonged to the state1 rather than to the family4 ,the individual ,athenian did not have a right the ,archons were 8bound to respect40 ,draco punished even laziness with death1 and ,solon prohibited costly sacrifices at funerals4 ,in ,greece1 ,lycurgus seems to have been the first legislator against luxury4 ,he enacted1 for example1 that no ,spartan should own a house1 or household article1 which had been made with a finer implement than an axe or a saw2 and that no cook should use any other spice than salt and vinegar4 ,our authorities are ,ephorus and ,diogenes ,laertius4 ,the sumptuary prohibitions of ,solon1 according to ,plutarch1 were aimed at the female passion for dress1 as well as the pomp of funerals4 ,he likewise placed surveillance over the luxury of banquets4 ,the ,dorian races were disposed to austere and rigid habits of life4 ,a ,laconian could not lawfully attend a drinking entertainment4 ,in ,lacedmonia1 frugality and simplicity were the object of the pheiditia4 ,gold and silver were interdicted1 and their legislation permitted the use of iron money alone4 ,in ,magna ,grcia1 the ,pythagoreans encouraged the sumptuary policy4 ,zaleucus1 the ,locrian legislator1 enacted that no woman should appear in public wearing gold ornaments1 or embroidered apparel1 unless her designs were unchaste4 ,roman statesmen were not wiser1 in their day1 than those of ,greece4 ,from the time of the ,kings1 they sought by law to regulate luxurious tendencies4 ,we find it in the law of the ,twelve ,tables3 8,do not carve the wood which is to serve for a funeral pile4 ,have no weeping women to tear their cheeks2 no gold1 no coronets40 ,certain foreign articles of luxury were prohibited about #ahi ,b4 ,c4 ,an important part of the legislation of ,sulla1 ,csar1 ,crassus1 ,antony1 ,augustus and ,tiberius1 related to the expenditures for food1 funerals and games of chance4 ,says ,plutarch3 8,the ,romans thought the liberty ought not to be left to each private citizen to marry at will1 to choose his manner of life1 to make feasts2 in short1 to follow his desires and his tastes1 without being subject to the judgment and supervision of anyone40 ,the ,oppian ,law forbade matrons to have more than a half-ounce of gold1 to wear garments of diversified color1 or to use carriages in ,rome4 ,following a revolt of the ,women1 in #aie ,b4 ,c41 this law was abrogated4 ,inspired by ,cato1 the ,censor1 fourteen years later1 the ,orchian ,law was promulgated4 ,it limited the table expenses1 as did the ,fannian ,law twenty years after4 ,the ,lex ,orchia limited the number of guests to be present at a feast4 ,the general cost of entertainment was fixed by the ,lex ,fannia4 ,a limit of one hundred asses was established for some festivals1 and thirty asses for others4 ,ordinary entertainments were restricted to ten asses4 ,the ,didian ,law extended to all ,italy4 ,in ,greece1 sumptuary laws were seldom or never regarded by the people1 who always entered into a tacit and general conspiracy against their enforcement4 ,notwithstanding the ,roman notatio censoria1 luxury continued to increase with the growth of wealth4 ,no law of senate or emperor could restrain the tendency4 8,from first to last10 writes the historian1 8all were habitually transgressed40 ,in the time of ,tertullian they appear to be of the past4 ,instances of like legislation disfigure the statute-books of every civilized country downward from the fifth century1 ,a4 ,d4 ,all sumptuary laws1 at ,rome1 were formally repealed by the later emperors2 but the folly thereafter re-appeared when ,european society began to rally and segregate under ,charlemagne4 ,to illustrate1 8in the latter middle ages1 knights were allowed to wear gold1 and esquires only silver2 the former damask1 the latter satin of taffeta2 when the esquires used damask1 velvet was reserved for the knights40 ,the first legislation of this character1 in the modern world1 was enacted by ,frederick ,,ii41 in ,italy2 ,james ,i41 in ,aragon2 ,philip ,,iv41 in ,france2 ,edward ,,ii4 and ,edward ,,iii41 in ,england4 ,commencing in ,france with ,charlemagne1 it first became extensive and flourished under ,philip ,,iv4 and ,charles ,,vi4 ,from ,edward ,,iii4 until the ,reformation1 it was in great favor in ,england4 ,great was the absurdity to which legislators were carried by this vain policy4 ,in ,scotland1 for example1 one parliament forbade ladies to attend church with the face muffled in a veil1 and another fulminated against superfluous banqueting and the inordinate use of foreign spices2 while a ,danish law provided that no servant girl should wear her hair curled4 ,the edicts of ,philip ,,iv4 related to extravagance at table and in dress4 ,an edict of ,charles ,v4 forbade the use of long-pointed shoes4 ,charles ,,vi4 allowed no one to exceed a soup and two dishes at dinner4 ,later ,french kings sought to restrict the use of gold1 silver1 silks1 embroidery1 and fine linen4 ,from ,blanqui we take a sample ordinance of the character under consideration4 8,the said ,lord the ,king1 being duly informed that the great superfluity of meat at weddings1 feasts and banquets1 brings about the high price of fowls and game1 wills and decrees that the ordinance on this subject be renewed and kept2 and for the continuance of the same1 that those who make such feasts1 as well as the stewards who prepare and conduct them1 and the cooks who serve them1 be punished with the penalties hereunto affixed4 ,that every sort of fowl and game brought to the markets shall be seen and visited by the poulterer-wardens1 in the presence of the officers of the police and bourgeois clerks to the aforesaid1 who shall be present at the said markets1 and shall cause a report to be made to the police1 by the said wardens4 ,the public shall be likewise bound to live according to the ordinance of the ,king1 without exceeding the limit1 under penalty of such pecuniary fines as are herein set forth against the inn-keeper1 so that neither by private understanding nor common consent shall the ordinance be violated40 ,during the same year1 another ordinance provided 8that no bourgeois woman shall have a chariot2 no bourgeois man or woman shall wear green1 or grey1 or ermine1 and they shall dispose of those they have1 by a year from ,easter next4 ,the dukes1 counts and barons of #fjjj livres1 in land1 or more1 may have four robes a year1 and no more1 and the women as many4 ,a knight who has #cjjj livres1 in land1 may have three robes a year and no more2 and one of these three robes shall be for summer4 ,at the principal meals of the day no one shall have but two viands and a pork soup1 and let him not deceive about it4 ,it is ordained that no prelate or baron shall have a robe for body of more than #be ,tournish sous1 a ,paris ell40 ,in #abid it was decreed 8that every manner of people1 who have not an income of #fjjj ,tournish livres1 shall not use1 and will not be able to use1 any gold or silver plate for drinking1 for eating1 or for other use1 and that no person1 under penalty of fine and imprisonment1 shall practice any fraud about it40 ,in ,france1 laws of this character disappeared near the end of the #afth century4 ,under ,louis ,,xv4 all such laws were practically a dead letter4 8,these ordinances are the history of but yesterday10 says an able and profound student of ,french legislation2 8but ideas and sentiments have gone far in advance of facts4 ,we have difficulty in comprehending the interference of government in the domestic affairs of families1 and in contracts which concern only private individuals4 ,opinion has undergone an entire revolution4 ,sumptuary laws can no longer be proposed4 ,we need not think the change is due to our wisdom1 to our pretended superiority to the ancients2 let us simply recognize that the essential principle of society has changed2 the world moves on another basis4444 ,in no century were these laws observed to any great extent4 ,enactments of this kind were never effectual in ,france4 ,since the ,revolution1 no sumptuary laws have been enacted1 and yet the luxury of attire which formerly distinguished the nobility has disappeared4 ,a duke dresses like anybody else1 and he would be ridiculed if he sought to distinguish himself by a manner of dress different from others40 ,it has been observed by one of the great statesmen of ,england1 that the broad principles of freedom had been early recognized in that country1 and understood by even the citizens of minimum intelligence2 for instance1 freedom of locomotion1 freedom in the disposition of property1 freedom of opinion in politics and religion4 ,but that other important features of the same principle were not so quickly and clearly understood4 8,i refer10 he continues1 8to such matters as freedom of commercial intercourse and exchange1 freedom of contract in the natural rise and fall of wages and in the condition of labor2 freedom of individual taste and expenditure1 in the more private concerns of life4 ,in many cases1 these were matters which affected the poor and rich alike1 but principally the poor1 who1 in their meagre parliamentary representation1 enjoyed few opportunities for effectual protest4 ,one can only account for the continuance of those which materially affected the better classes1 who did enjoy representation1 to the fact that1 not being familiar with the fundamental economic laws1 which are now so widely understood1 they were not prompted to any practical resistance4 ,it is highly probable1 too1 that for want of this knowledge1 most people rested satisfied with the vague idea that1 in some way or other1 though not very clear1 such restrictive legislation produced some good to somebody40 ,we pass over those legislative and executive interferences1 which present 8every possible contrivance for hampering the energies of commerce40 ,purely economic questions are not germane to our discussion2 such as the numerous and ingenious restraints upon foreign trade2 the attempts to regulate the rate of wages and the price of food4 ,richard ,,ii41 ,henry ,,iv41 and ,edward ,,iv4 legislated against the liveried suits of the nobility4 ,this was also prohibited by ,henry ,,vii42 and yet1 even under ,james ,i41 says ,hume1 8we find ambassadors accompanied by a suite of #ejj or #cjj noblemen40 ,during the reign of ,edward ,,iii4 it was enacted that no man should be allowed more than two courses at dinner or supper1 or more than two kinds of food in each course4 ,three courses were permitted on the festival days of the year4 ,foreign cloth was allowed to the royal family alone4 ,unless a man possessed at least #ajj per annum he was forbidden furs1 skins and silks4 ,during the same reign1 another act divided the people of ,england into classes1 and prescribed the apparel of each4 ,in the social scale it did not go higher than knights1 and minutely regulated the clothing of women and children4 ,it was repealed the following year4 ,in #acfc it was enacted that servants should have only one meal a day of flesh or fish4 ,the statute of #addd attempted to regulate the price of clothing for each year3 a bailiff1 #ejs42 principal servant1 #djs42 ordinary servant1 #ccs4 #d;d4 ,james ,i41 of ,scotland1 forbade not only 8sumptuous clothing10 but the use of pies and baked meats1 to all under the rank of baron4 ,the ,scottish sumptuary law of #afab was the last in ,great ,britain4 ,the ,english laws were largely repealed during the reign of ,james ,i4 ,a few remained on the statute book as late as #ahef4 ,mr4 ,froude has exposed the folly of their existence4 ,it has been said of the ,english laws they 8were at all times inspired by a desire to arrest an irresistible movement1 resulting from the very force of things--from the logical development of human activity4 ,they were1 moreover1 powerless1 and always evaded by a sort of tacit and general conspiracy of all the citizens1 without anyone being able to find fault with the principle1 without anyone thinking of contesting the power of the legislator on this point40 ,roscher remarks3 8,in ,ireland the government had endeavored for a long time to preserve that country from the ravages of alcohol1 by the imposition of the highest taxes1 and the severest penalties for smuggling4 ,every workman in an illegal distillery was transported for seven years1 and every town in which such a one was found was subject to a heavy fine4 ,all in vain4 ,only numberless acts of violence were now added to beastly drunkenness40 ,in another place1 ,roscher continues thus3 8,where it has been attempted to suppress the consumption of popular delicacies1 the impossibility of enforcing sumptuary laws has been most strikingly observed4 ,thus1 in the #afth century1 an effort was made as regards brandy2 in the #agth1 as regards tobacco2 in the #ahth1 as regards coffee4 ,the ,hessian law of #aecj provided that only apothecaries should retail brandy4 ,in #afbd ,papal excommunication was fulminated against all who took snuff in church1 and was repeated in #afij4 ,according to a ,turkish law of #afaj1 all smokers should have their pipes broken against the nose4 ,in #afcd a ,russian law prohibited smoking under penalty of death4 ,in ,switzerland1 even in the #agth century1 no one could smoke except in secret4 ,in its native place even coffee had a hard struggle4 ,prohibited in ,turkey in #afcc under pain of death2 it was still prohibited in ,basel in #agfi1 and could be sold by apothecaries only as medicine4 ,in ,hanover the coffee trade was prohibited in #aghj4 ,when governments discovered the fruitlessness of these efforts1 they gave up the prohibition of these luxuries1 and instead substituted taxes on them1 thus aiming to combine a moral and a fiscal end4 ,even ,cato took this course4 ,his office of censor1 which united the highest moral superintendence with the highest financial guidance1 must of itself have led him in this direction40 ,strange it is how slowly men learn by experience4 ,we know of the many oppressions in ,england 8for opinion's sake40 ,history tells us that the puritan fathers sought 8freedom of conscience0 in the wilds of ,america4 ,yet1 scarcely were the 8pilgrims0 of ,new ,england wonted to a strange and inhospitable land1 than what they required for themselves was denied to others4 ,in their fanaticism1 the 8soul liberty0 of ,roger ,williams was violated in every conceivable way4 ,personal freedom was violated to an extent that is now the detestation of right-thinking persons4 ,execrable for their tyrannical spirit1 are some of the records of ,massachusetts ,bay1 ,plymouth1 ,new ,haven ,colony and ,connecticut4 ,the following extracts are taken from the records of the ,general ,court of the ,colony of ,massachusetts ,bay3 8#afce3 ,whereas1 complaints hath bene made to this ,courte that dyvers persons1 within this jurisdiction1 doe usually absent themselves from ,church meetings upon the ,lord's ,day1 power is therefore given to any two assistants to heare and sensure1 either by fine or imprisonment1 all misdemeanors of that kind1 committed by any inhabitant within this jurisdiction1 provided they exceede not the fine of #ae shillings for any one offense40 8#affi3 ,any person or persons that shalle be found smoking tobacco on the ,lord's ,day1 going to or coming from the meetings1 within two miles of the meeting house1 shall pay #ab pence for every such default to the colonies' use40 8#afib3 ,all and every justices of the peace1 constables and tything men are required to restrain all persons from swimming in the water2 unnecessary and unreasonable walking in the streets or fields in the toun of ,boston1 or other places2 in the evening preceding the ,lord's ,day1 or any other part of the said day or the evening following40 8#afcd3 ,the court1 taking into consideration the greate1 superfluous and unnecessary expenses occassioned by some newe and immodest fashions1 as also the ordinary wearing of golde1 silver1 silke1 laces1 girdles1 hat-bands1 etc41 hath1 therefore1 ordered that noe person1 either man or woman1 shall hereafter make or buy any apparell1 either woolen1 silke or lynen1 with any lace on it1 silver1 golde1 silke or thread1 under the penalty of the forfeiture of such clothes40 8#aghb3 ,be it enacted that each person1 being able of body and mind1 not otherwise necessarily prevented1 who shall1 for the space of one month together1 absent himself or herself from the public worship of ,god1 on the ,lord's ,day1 shall forfeit and pay the sum of ten shillings40 ,in old ,connecticut we find legislation similar in character4 ,in #afdg3 8,forasmuch1 as it is observed that many abuses are crept in and committed by the frequent taking of tobacco1 it is ordered by the authority of this ,court1 that no person under the age of #bj years1 nor any other that hath not accustomed himself to the use thereof1 shall take any tobacco until he hath brought a certificate under the hands of some who are approved for knowledge and skill in physic1 that it is useful to him and that he hath received a license from the ,court for the same40 8#afdc3 ,whoever shall prophane the ,lord's ,day1 or any part of it1 by unlawful sport1 recreation or otherwise1 whether wilfully or in careless neglect1 shall be duly punished by fine1 imprisonment1 or corporally1 according to the nature and measure of the sin and offense40 ,here are some of the celebrated ,new ,haven 8,blue ,laws30 8,whoever wears clothes trimmed with golde1 silver or bone lace1 above two shillings by the yard1 shall be presented to the ,grand ,jurors1 and the selectmen shall tax the offender at #cjj estate40 8,no one shall read ,common ,prayer1 keep ,xmas or ,saint's ,days1 make minced pies1 dance1 play cards1 or play on any instrument of music1 except the drum1 trumpet and jew's-harp40 8,no one shall run on the ,sabbath ,day1 or walk in the ,garden or elsewhere1 except reverently to and from meeting40 8,no one shall travel1 cook victuals1 make beds1 sweep house1 cut hair or shave1 on the ,sabbath ,day40 8,no woman shall kiss her child on the ,sabbath or fasting day40 8,if any man shall kiss his wife1 or any wife her husband1 on the ,lord's ,day1 the party in fault shall be punished at the discretion of the ,court of ,magistrates40 8,every man and woman duly1 twice a day1 upon the first tolling of the bell1 repair into the church to heare divine service upon pain of losing his or her day's allowance1 for the first omission2 for the second to be whipped1 and for the third to be condemned to the galleys for six months40 8,if any man1 after legall conviction1 shall have or worship any other god but the ,lord ,god1 hee shall bee put to death40 8,if any person turns ,quaker1 he shall be banished and not suffered to return1 upon the pains of death40 8,no priest shall abide in this dominion1 he shall be banished and suffer death on his return40 8,no man shall hold any office who is not sound in the faith40 8,no food or lodging shall be afforded to a ,quaker1 ,adamite1 or other heretic40 8,every man shall have his hair cut round according to a cap40 ,such are a few of the laws that disgrace the beginning of our national life4 ,repealed they never were1 save by the scorn of time1 or the revolt of the human heart1 as it struggled into a wider and brighter existence4 ,they were only effective as the expression of a spirit then prevalent4 ,forward marched the soul1 and behind is left the hideous husk4 ,here and there1 on the statute-books of certain states1 vestiges may remain of ,sabbatarian legislation1 but they are a dead letter1 to enforce which is seldom or never attempted4 ,roscher observes1 8,that the puritanical laws1 which some of the states have passed prohibiting all sales of spirituous liquors1 except for ecclesiastical1 medical or chemical purposes1 have been found impossible of enforcement40 ,said ,dr4 ,dio ,lewis on this subject3 8,a very striking illustration of the weakness of law1 when it comes in contact with the instinct of liberty1 is the result of prohibition in ,maine4 ,i have taken pains to learn the facts in that state4 ,i traveled it throughout and conversed with a large number of its leading citizens1 almost exclusively temperance men1 and became satisfied 7notwithstanding the prohibitory law71 that intemperance is the great overwhelming curse of the ,pine ,tree ,state40 ,the ,doctor then found fully #cjj grog shops in ,bangor4 ,he says of ,portland1 also1 the number of arrests for drunkenness in #ahgd was #bjaa4 ,he is authority for the statement that1 in #ahgc1 the state prison inspectors of ,maine reported the enormous number of #ag1hjh arrests for drunkenness during that year4 ,hon4 ,james ,mc,ginnis1 of the ,st4 ,louis bar1 several years ago1 gave the prohibitory legislation of the whole country 7and its practical workings7 an exhaustive consideration in all aspects4 ,the results of his study1 published to the world1 revealed the same condition of affairs in ,maine1 ,new ,hampshire1 ,vermont1 ,massachusetts1 ,rhode ,island1 ,connecticut1 ,new ,york1 ,delaware1 ,maryland1 ,ohio1 ,indiana1 ,nebraska1 ,iowa1 and ,kansas4 ,on every hand1 past and present1 he 8beheld the impracticability of prohibition40 8,i now appeal10 he says1 8to the fair-minded reader to give his thoughtful attention to the facts and figures which ,i have truly and fairly presented1 to show that neither crime1 pauperism1 intemperance1 nor any of the ills which are popularly supposed to grow out of intemperance1 have been at all lessened by prohibition40 ,the political economists are practically unanimous in their reprobation of these laws4 ,adam ,smith vigorously protests against their impertinence and presumption4 ,of sumptuary laws it has been said their enforcement is exceedingly difficult1 as it is always harder to superintend consumption than production4 8,the latter is conducted in definite localities4 ,the former is carried on in the secrecy of a thousand homes4 ,besides1 such laws have very often the effect to make forbidden fruit all the sweeter40 ,spite of the penalties attached to their violation1 and of redoubled measures of control1 government after government have been compelled to admit their failure in this direction4 ,laws of this nature always involve an abridgement of individual 8liberty10 and of the natural right of every man to do what he 8will0 with his own4 ,they involve the assumption1 also1 that a government1 with the exercise of paternal authority can judge better than the citizen what will best subserve his or her welfare1 in the use of what they have4 8,but such action belongs more properly to the spiritual than to the temporal power4 ,in ancient life1 where there was a confusion of the two powers in the state system1 sumptuary legislation was more natural than in the modern world1 where those powers have been generally1 though imperfectly1 separated40 8,i have learned to doubt10 wrote ,dr4 ,dio ,lewis1 8whether law is very potent in the cure of moral evil4 ,force is a good agency in breaking rocks and subduing wild beasts2 but in curing immorality1 in which we strive to regulate the action and reaction of the faculties and passions of the human soul1 force is about as well adapted to our purpose as a sledge-hammer to regulating a watch4 ,some people seem to have the impression that society is restrained from evil by law2 that our wives and daughters are virtuous because there is a law against prostitution2 that our exemplary citizens refrain from profanity and excess in gaming and drinking because they are forbidden by law2 that somehow society is kept in order by law4 8,it is not denied that ,massachusetts has to-day upon her statute-books other laws involving the same violation of personal liberty as prohibition2 but every law interfering with personal habits and propensities has no practical vitality4 8,for example1 prostitution is an enormous evil2 and we have a severe statute against it2 but1 as a matter of fact1 if a house of prostitution be conducted in a quiet1 unobtrusive way1 the authorities cannot break it up4 ,if any prohibitionist can devise a method by which the authorities can break up such a house1 it would be easy to sell his discovery to property holders of ,new ,york ,city for a hundred million of dollars4 8,scattered throughout this city 7,boston7 there are unnumbered rooms over stores1 and other places of business1 and in private houses1 occupied by persons who are living in the relation of husband and wife without legal marriage4 ,there are not two punishments for every hundred thousand violations of the statutes against such intimacies4 8,gambling is very common in our city4 ,there is a great number of rooms1 or suites of rooms1 devoted to this practice4 ,in club houses and many hotels1 gambling may be found every night1 and often lasting all night4 ,not a fiftieth part of the gambling done in this city takes place in gambling rooms4 ,why does it never occur to anybody to attempt to enforce the law against gambling in our clubs and other private houses2 should they attempt it they would signally fail40 ,although this was said of ,new ,england1 it is representative of the ,united ,states and the civilized world4 ,a like picture might be drawn of every city in our land and throughout ,europe4 ,every candid and intelligent magistrate1 or police official1 in the country will admit that the law never has1 and never can1 prevent gaming1 intemperance or prostitution4 ,this has been publicly acknowledged by the most eminent men of affairs in ,europe4 ,that it is impossible to suppress or exterminate the 8social evil0 has been demonstrated by ,acton1 ,tait1 ,parent and ,du ,chatelet4 ,the latter avows that 8licensed houses are the most judicious and the most consistent with good morals40 ,the police establishments of the continent1 finding it impossible to prevent the existence of houses of ill-fame1 realized the necessity1 not of authorizing1 but of licensing them4 ,the vice is now subject to police supervision in ,paris1 ,toulon1 ,lyons1 ,strasburg1 ,brest1 ,hamburg1 ,berlin1 ,vienna1 ,naples1 ,brussels1 ,rheims1 ,bordeaux1 ,marseilles1 ,copenhagen1 ,madrid1 ,malta1 ,lisbon1 ,amsterdam and ,st4 ,petersburg4 ,a like policy obtains in ,bombay1 ,hong ,kong1 ,japan1 ,new ,south ,wales and ,cape ,colony4 ,on the contrary1 ,england wages war against prostitution4 ,is it with success8 ,no2 in this respect her cities are the worst in ,europe4 ,in that country #db1jjj illegitimate children were born in #ahea4 ,it was estimated that within the five years preceding1 #bab1jjj females had strayed from the paths of virtue1 and thus taken the first step in prostitution4 ,in #ahcb1 ,london had a population of #a1jjj1jjj1 and her known prostitutes numbered #aj1jjj4 ,within her limits were then #c1cjj brothels4 ,at that time1 in ,liverpool1 there were #e1jjj fallen women4 ,of houses of ill-fame ,dublin had #cee2 ,edinburgh1 #bai2 ,glasgow1 #bjd2 ,liverpool1 #ggj2 ,manchester1 #cjh2 ,birmingham1 #gig2 ,hull1 #age2 ,leeds1 #agi2 ,norwich1 #aid4 ,in ,england1 in #ahfe1 there were #ejj1jjj prostitutes4 ,it has been computed that the unfortunates number about #hf1jjj in the ,london of to-day4 ,it is not surprising1 then1 that the constabulary of ,great ,britain are in despair of their power for good over this evil4 8,sooner or later 7they realize7 the principle of individual liberty must triumph1 and prostitution must become1 under the shadow of general principles1 as unrestricted as any other commerce1 moral or immoral40 ,in ,new ,york ,city1 also1 the law has always attempted to repress the 8social evil10 but without avail4 ,this has been openly recognized by those in authority4 ,in #ahge1 #ahgf1 and #ahgg licensed prostitution was recommended by a committee of the ,state ,legislature1 the ,grand ,jury of the ,city and ,county of ,new ,york1 and the ,commissioner of ,public ,charities and ,correction4 ,the committee assumed 8that houses of prostitution must exist20 and its members1 therefore1 took it upon themselves 8to earnestly recommend to the ,legislature the regulating1 or permitting10 or1 as they phrased it1 8if the word be not deemed offensive1 the licensing of prostitution40 ,in ,june1 #ahgf1 the ,grand ,jury of the ,court of ,general ,sessions of the same county and state1 made an official presentment concerning prostitution1 in which they say 8that however abhorrent to the views of some1 any legislation may be1 which appears to legalize so great an evil1 still the fact must not be lost sight of that it is an evil impossible to suppress1 yet comparatively easy to regulate and circumscribe40 ,they conclude with a memorial to the ,legislature1 8to adopt as early as practicable some system of laws calculated to confine houses of prostitution1 in the large cities of this state1 within certain specified limits1 and to subject them at all times to a careful and vigilant supervision of the ,boards of ,health and ,police40 ,punitory laws never have1 and never will cure the evils to which society is liable4 8,life is sweet10 some one has said1 and yet even the death penalty does not prevent murder4 ,if the menace of death is not a deterrent1 what can be said for lesser penalties like fines and imprisonment4 ,that capital punishment is not a preventive of crime was 7upon investigation7 the conviction of ,bentham1 ,beccaria1 ,george ,clinton1 ,lord ,brougham1 ,judge ,j4 ,w4 ,edmunds1 ,william ,h4 ,seward1 ,wendell ,phillips1 ,douglas ,jerrold1 ,cassius ,m4 ,clay1 ,dr4 ,lushington1 ,edward ,livingston1 ,theodore ,parker1 ,vice-,president ,dallas1 ,de,witt ,clinton1 ,victor ,hugo1 ,mittermaier1 ,john ,howard1 ,sir ,samuel ,romilly1 ,earl ,russell1 ,lord ,houghton1 ,lord ,osborne1 ,john ,bright1 ,lord ,hobart1 ,lord ,kelly1 ,frederick ,robertson1 ,prof4 ,fawcett1 ,charles ,dickens1 ,john ,stuart ,mill1 ,canning1 ,thomas ,jefferson1 and hundreds of other able1 thoughtful and conscientious men4 ,their position was not only grounded on observation1 but fortified by the experience of ,tuscany1 ,spain1 ,italy1 ,switzerland1 ,bavaria1 ,belgium1 ,san ,marino1 ,denmark1 ,norway1 ,sweden1 ,michigan1 ,wisconsin1 ,minnesota1 ,maine1 ,vermont1 and ,rhode ,island4 8,there is no passion in the mind of man10 said ,lord ,bacon1 8so weak1 but it mates and masters the fear of death2 and therefore death is no such terrible enemy when a man hath so many attendants about him that can win the combat of him4 ,revenge triumphs over death2 love slights it2 honor aspireth to it2 grief fleeth to it2 fear occupieth it40 ,and if 8the fear of the great future10 writes ,bovee1 8when painted with the horrors such as only a ,milton or a ,pollok could depict1 produces no more marked effect on human action2 it is hardly reasonable to suppose that the menace of death by human law1 will be very effective in the repression of crime40 ,the truth is clear to ,rev4 ,octavius ,b4 ,frothingham4 ,he declares that neither crime nor vice can be prevented1 remedied1 or expelled by force of law4 8,nature will have her way1 if not by one channel1 then by another4 ,she will plunge underground1 and come up in unexpected spots4 ,cunning comes to her assistance4 ,she makes alliance with subterfuge and deceit4 ,she is sly1 swift1 ubiquitous4 ,disappearing in ,new ,york1 she turns up in ,philadelphia4 ,expelled from the cities1 she takes refuge in the towns2 banished from the towns1 she finds coverts in the cities2 hiding in the dens and slums1 creeping into the lanes1 mingling with the crowd of harmless things1 sheltering herself behind law4 ,she is a ,proteus1 able to take on every possible shape of innocence4 ,refuse her brandy1 she will take opium1 morphine1 ether1 tobacco1 strong coffee1 in quantities equivalent to the stimulant desired4 ,you fancy the community becoming temperate in one respect1 and find it becoming intemperate in another4 ,opium eaters multiply as dram-drinkers decrease4 ,the propensity is alive still1 and perhaps provoked to activity by the efforts made to suppress it4 ,the natural appetite being reinforced by anger1 spite1 the spirit of resistance to persecution1 which grows dogged and stubborn1 fortifying the sense of injustice by the pride of self-will4 8,as if impatient at the slowness of the converting process1 weary of the task of planting vice out1 of choking the weeds of instinct with the flowers of grace1 the church undertook1 with violent hand1 to pull up the weeds by main force4 ,instead of abolishing the hydra by a beautiful law of evolution1 which should create a series of nobler growths2 it undertook to cut off the poisonous heads1 one by one4 ,it took boys and girls1 at the tenderest age1 out of the world1 confined them in religious houses1 refused them the joy of the flesh1 and the joy of the eyes1 and the pride of life1 barred the gates of every terrestrial garden1 mortified their desires1 kept them occupied with prayers and contemplations1 and so tried to starve nature to death4 8,christianity1 was as consistent1 tried to repress the disposition to unbelief1 in its opinion the most fruitful source of vice4 ,the disposition to unbelief was regarded as the deadliest symptom of the natural1 unconverted heart4 ,to counteract it by an opposite disposition to belief was tedious and difficult1 and the method of repression was resorted to4 ,the civic power was enlisted in the work of exterminating pernicious error4 ,tribunals were created1 laws were passed1 judges and executioners were appointed1 penalties were devised1 heretical schools were broken up1 heretical books were burned1 heretical teachers were banished1 silenced1 incarcerated1 consigned to the flames4 ,whole provinces were devastated1 towns were destroyed1 populations turned adrift to perish2 the entire field of unorthodox thought was ploughed over and sown with salt4 ,and what was the result of the method1 carried out on this vast scale1 with full ecclesiastical and civil powers--the sacred and the secular authorities combining1 the sympathy of the ,christian world aiding1 no public opinion opposing1 the resources of wealth conspiring with the resources of fanaticism1 to make the policy of suppression effective8 ,the issue is familiar to all who care to know the truth1 from the reports of historians1 who have made it their business to ascertain and tell the facts4 ,they certainly do not bear out the conclusion that the method of suppression is wise1 or even practical4 ,on the contrary1 they suggest the opinion that it is impractical as it is unwise4 ,the failure of the method was so disastrous that it quite defeated the ends4 8,if one thing is demonstrated by human history1 it is this3--the attempt to suppress human nature1 under any form1 so it be nature that is suppressed1 is futile4 ,the old proverbs1 which say1 #8,drive nature out at the door1 and she comes in at the window2' #8,you cannot expel nature with a fork2' hold out a truth that is for all time4444 ,deeply rooted propensities1 habits which have become a second nature1 cannot be thus dealt with4 ,no ,hercules' club will avail to kill the vital principle that grows venomous heads faster than they can be bruised4 ,the effort to suppress nature by violent measures1 is always followed1 always produces a reaction1 that is exactly proportioned in strength to the effort1 and fairly balances it4 ,healthy progress is slow1 gradual1 measured1 according to the sure conditions of cause and effect4 ,it consists of a long line of close sequences1 knit together1 not mechanically1 like a chain1 but organically1 like a muscle or a nerve4 ,every inch of growth implies a preceding inch of growth2 there is no such thing as jump or leap from point to point4 ,you do not make the elastic band longer by stretching it2 you but loosen the cohesion of its parts2 the strain being relaxed1 the band resumes its first condition2 the strain being continued1 the band looses its elasticity and breaks4 ,there is no more power than there is40 ,m4 ,guizot1 statesman and historian1 thought it a gross delusion to believe in the sovereign power of political machinery4 ,every day discloses a failure1 every day there reappears the belief that it needs but an act of some legislative body and a corps of officials to effect any purpose4 ,the faith of mankind is nowhere better seen4 ,disappointment has been preached from the first3 8,put not thy trust in legislation40 ,yet the trust in legislation seems scarcely diminished4 ,is it not time to reject the law as a social panacea8 ,we should now realize that measures are usually quite different in effect from what has been expected4 ,it would be difficult to estimate the number of legislative disappointments in ,english and ,american history2 8or the amount of harm which has been inflicted on society by abortive attempts at statesmanship40 ,history demonstrates the incapacity of law-givers4 ,says ,mr4 ,jensen1 8,from the statute of ,merton 7#bj ,henry ,,iii47 to the end of #ahgb1 there had been passed #ah1aaj public acts1 of which he estimated that four-fifths had been partially or wholly repealed40 ,and ,herbert ,spencer estimated a few years ago that 8in the last three sessions of the ,english parliament1 there have been totally repealed #fej acts1 belonging to the present reign alone40 ,buckle said1 in this connection1 every great reform has consisted 8not in doing something new1 but in undoing something old4 ,the most valuable additions made to legislation have been enactments destructive of preceding legislation1 and the best laws which have been passed have been those by which some former laws were repealed4444 ,we owe no thanks to law-givers as a class2 for1 since the most valuable improvements in legislation are those which subvert preceding legislation1 it is clear that the balance of good cannot be on their side4 ,it is clear that the progress of civilization cannot be due to those who1 on the most important subjects1 have done so much harm that their successors are considered benefactors1 simply because they reverse their policy1 and thus restored affairs to the state in which they would have remained1 if politicians had allowed them to run on in the course which the wants of society required40 ,in the name of 8liberty and equality10 a brave battle has been fought for individuality4 ,unjust and unwise interference by the state has been ably resisted4 ,it is demanded that private judgment be released from the embrace of authority4 ,the truth is1 one man has no natural right to make laws for another4 ,true1 he may repel another1 when his own rights are infringed1 but he has no right to govern him4 ,the individual is sovereign merely over himself1 and not over his fellow-man4 ,the greatest minds now insist an individual will more freely act1 not only for the furtherance of personal interests1 but also for collective interests1 without being constrained thereto by an external power4 ,whenever room is to be made1 they say1 for the advance of society1 public authority must retire within its narrowest jurisdiction2 yielding1 because of its impracticability1 all control over concerns purely personal4 8,who remembers having done anything1 or having refrained from doing anything1 on account of the statutes8 ,if we could realize how little civil law contributes to the good conduct and well-being of society1 our interest in legislators would be greatly lessened4 ,of the millions upon millions of acts of kindness and justice which go to make up civilized life1 ,i take it that nine in ten would not be performed at all1 if they were required by law4 ,john ,stuart ,mill has clearly defined the limit of individual 8sovereignty0--as it is termed--and where the authority of society should begin4 8,each will receive its proper share1 if each has that which more particularly concerns it4 ,to individuality should belong the part of life in which it is chiefly the individual that is interested2 to society1 the part which chiefly interests society4 8,the acts of an individual may be hurtful to others1 or wanting in due consideration for their welfare1 without going the length of violating their constituted rights4 ,the offender may then be justly punished by opinion1 though not by law4 ,as soon as any part of a person's conduct affects prejudicially the interests of others1 society has jurisdiction over it1 and the question whether the general welfare will or will not be promoted by interfering with it1 becomes an open one4 ,but there is no room for entertaining any such question1 when a person's conduct affects the interest of no person besides himself1 or need not affect them unless they like1 all the persons concerned being of full age1 and with the ordinary amount of understanding4 ,in all such cases there should be perfect freedom1 legal and social1 to do the action and stand the consequences40 ,everybody agrees with this proposition1 in the abstract4 ,at this period of time1 nobody would dispute 8personal liberty10 as a 8glittering generality40 ,people are too smart for that4 ,it would be impolite and unfashionable4 ,they would agree with you1 perhaps1 that 8personal liberty0 is the source of all progress1 the lever of all conquests1 the inspiration of all achievements4 8,the great1 vital1 pivotal fact of human life2 all progress and all happiness begin and end in personal freedom40 ,o yes1 they will readily agree with the rhetoric involved4 8,the prize1 the precious jewel of the ages1 is personal liberty4 ,it has no equivalents4 ,untold wealth1 a mine of diamonds1 a palace1 are baubles by the side of personal liberty4 ,we recognize the supreme importance of this principle4 ,we are willing that all men should be free--if they will only do what is best for them4 ,we rejoice in the utmost liberty of opinion and action--if people will only do and say what is right40 ,thus is 8freedom0 trespassed upon1 under pretence that is for the good of the man or men whose rights are violated4 ,such was probably the pretext for every tyrannical invasion of popular rights known to history4 ,thus was it quaintly put by ,dio ,lewis3 8,the ,inquisition believed in the perfect liberty of all men to be ,catholics1 but if they caught a man with other notions about salvation1 they put a thumb-screw on him4 ,our ,puritan fathers believed in personal freedom as no other men ever did4 ,they left their homes1 crossed a stormy ocean1 and braved a thousand dangers1 that they might be free to think and say what they pleased4 ,and they were perfectly willing that all who came along might think and say what they pleased1 unless1 as sometimes unfortunately happened1 the other men said and thought things which conflicted with the things which the fathers thought and said4 ,they sometimes came across a ,quaker1 whose views did not seem quite the thing1 and they hung him4 ,our ,new ,england fathers believed in #8religious liberty4' ,indeed1 #8religious liberty' was their constant boast2 but if a man did not believe in hell1 they would not let him testify in court4444 ,but our fathers were always very kind about it2 they said he was at liberty1 perfect liberty1 at any time to believe in hell1 and then he might swear a blue streak40 ,what is really meant by this definition of 8personal liberty0 is the absolute right of every individual that every other individual shall act1 in every respect1 exactly as he ought2 8that whosoever fails thereof1 in the smallest particular1 violates my social right and entitles me to demand of the legislature the removal of the grievance40 8,this doctrine10 continued ,mill1 8ascribes to all mankind a vested interest in each other's moral1 intellectual1 and physical perfection1 to be defined by each claimant1 according to his own standard40 ,of this class of men ,dr4 ,lewis well said3 8,they consider themselves born to control other men4 ,they are ever inquiring1 #8,what ought this man to do8' and if that man refuses to do it1 #8,how can we compel him8' ,they proceed thus3 #8,resolved1 ,that the righteous should govern the world4 ,resolved1 ,that we are the righteous4'0 ,in what language can ,i fitly designate a principle of action so impertinent and presumptious8 ,who can deny the moral 8liberty0 of his fellow creature1 as an abstract proposition8 ,is not the moral equality1 or independence of man one of his essential rights8 ,neither one1 nor any number of persons1 is warranted in saying to another of mature years1 what the latter shall1 or shall not do with his life for his own benefit4 8,he is most deeply interested in his own well-being2 the interest which another person can have in it is trifling1 compared with that which he himself has40 ,it is time for society to distinguish1 sharply1 between the province of morality and that of legislation4 ,with the same end in view1 perhaps1 yet they should differ widely in extent4 ,admit that morals and the law have the same center1 they have not the same circumference4 ,there may be a moral guide to the conduct of an individual1 through all the details of life1 through all the relationships of society2 but legislation cannot be this1 and if it could1 it ought not to exercise a continued and direct interference with the conduct of men4 ,there are many acts useful to the community which the legislator ought never to command2 so are there many hurtful acts1 which he ought not to forbid4 ,there is certainly a broad distinction between moral and legal rights4 ,for instance1 8a man has no moral right to hate his wife1 but he has a perfect legal right to hate her4 ,a man has no moral right to foreclose a mortgage on a sick widow's home1 and turn her and her children out in the snow1 but he has a perfect legal right to do it4 ,a man has no moral right to make a glutton of himself1 destroy his usefulness1 and thus throw his wife and children on the town1 but he has a perfect legal right to do it40 ,a man has no moral right to drink rum1 but he has a perfect legal right to do so4 ,what actions1 then1 may be legally punished as offenses8 8,what a question10 ,i hear some one exclaim2 8are not all men agreed upon it8 ,do you ask us to prove an acknowledged truth40 ,i answer in words of the great ,jeremy ,bentham3 8,be it so4 ,but on what is founded that agreement8 ,demand of each his reasons4 ,you will find a strange diversity of interest and principles4 ,you will find it not only among the people1 but among philosophers4444 ,the agreement which you see is founded only on prejudices2 and these prejudices vary1 according to the times and places1 according to opinions and customs4444 ,people have always said that such an action is an offense4 ,such is the guide of the multitude1 and even of the legislator4 ,but if usage has made innocent actions crimes2 if it makes venial offenses appear heavy1 and heavy offences light2 if it has varied everywhere1 it is clear that we must subject it to some rule40 ,vices are not rightly punishable by law4 ,they are amenable to education only4 ,should ,a4 assist ,b4 to indulge in a vice1 and ,a4 uses no fraud or coercion1 and ,b4 is compos mentis1 ,a4 is not guilty of a crime1 in the proper sense4 ,suppose ,a4 were a cook1 who compounds for ,b4 rich and delicious dishes1 and of which ,b4 partakes to such an extent that he sickens and dies1 ,a4 is not guilty of a crime4 ,neither is ,b4's indulgence in the strong food or strong drink a crime punishable by law1 only a vice amenable to discretion and judgment4 ,correctly considered1 then1 a crime is an act which one man1 with 8malice prepense10 commits upon the person or property of another1 without that other's consent4 ,crime may be subject to law4 ,a vice1 on the other hand1 is any act or passion in which a person may indulge himself3 malice1 hypocrisy1 pride1 envy1 hatred1 avarice1 ambition1 profanity1 falsehood1 indolence1 cowardice1 drunkenness1 gluttony1 tyranny1 fanaticism1 extravagance1 etc41 etc4 ,unless this distinction be recognized by the law1 there can be no such thing as individual right1 liberty or property1 8no such thing as the right of one man to the control of his own person and property1 and the corresponding and co-equal right of another man to the control of his own person and property40 ,an eminent and respected physician once said to an enlightened audience3 8,not a person before me1 but has suffered from vices2 indeed1 that is what we mean by the imperfection of human nature4 ,when we depart from perfection it is a vice4 ,everybody is guilty of vices4 ,the people before me1 forty years old1 should not be so old at fifty or sixty4 ,their teeth are decayed1 and they have imperfect digestion4 ,they do not enjoy the full and happy play of all their powers and faculties1 and the greater part of this waste comes from vices4 ,there are certain secret vices which cannot be publicly named1 which are doing more to break down our vital force1 make us prematurely old1 and fetter our souls1 than all the crimes committed in the country1 and the legislature can do nothing to cure them4 8,without doubt1 gluttony is the most destructive of all our vices4 ,it obtains among all classes1 all ages1 and both sexes4 ,eminent medical men1 in ,england and ,america1 declare that strong food can count ten victims1 where strong drink counts one4 8,tobacco is doing more injury to the minds and bodies of our nation than all the murder1 theft1 burglary1 and arson1 and yet the legislature can do nothing to cure the tobacco curse40 ,dr4 ,lewis wisely continues3 8,it is not often possible to say of those acts that are called vices1 that they are really vices except in degree4 ,that is1 it is difficult to say of any actions1 or courses of action1 that are called vices1 that they really would have been vices1 if they had stopped short of a certain point4 ,the question of vice or virtue1 therefore1 in all such cases1 is a question of quantity and degree1 and not of the intrinsic character of any single act1 by itself4 ,this fact adds to the difficulty1 not to say the impossibility1 of any one's--except each individual for himself--drawing any accurate line1 or anything like an accurate line1 between virtue and vice2 that is1 of telling where virtue ends and vice begins4 ,and this is another reason why this whole question of virtue and vice should be left for each person to settle for himself4 ,vices are usually pleasurable1 at least for the time being1 and often do not disclose themselves as vices1 by their effects1 until they have been practiced for many years1 or perhaps for a life-time4 ,to many1 perhaps most1 of those who practice them1 they do not disclose themselves as vices1 at all during life4 ,virtues1 on the other hand1 often appear so harsh and rugged1 they require the sacrifice of so much present happiness1 at least1 and the results which alone prove them to be virtues1 are so often distant and obscure1 in fact so absolutely invisible to the minds of many1 especially of the young1 that1 from the very nature of things1 there can be no universal or even general knowledge that they are virtues4 ,in truth1 the studies of profound philosophers have been expended--if not wholly in vain1 certainly with very small results--in efforts to draw the lines between virtues and vices4 8,if then1 it be so difficult1 so nearly impossible1 in most cases1 to determine what is and what is not1 vice2 and especially if it be so difficult in nearly all cases to determine where virtue ends and where vice begins2 and if these questions1 which no one can really and truly determine for anybody but himself1 are not to be left open and free for experiment by all1 each person is deprived of the highest of all his rights as a human being2 to wit3 his right to inquire1 investigate1 reason1 try experiments1 judge and ascertain for himself1 what is1 to him1 virtue1 and what is1 to him1 vice2 in other words1 what1 on the whole1 conduces to his happiness1 and what1 on the whole1 tends to his unhappiness4 ,if this great right is not to be left free and open to all1 then each man's whole right as a reasoning human being1 to liberty and the pursuit of happiness is denied him40 8,it is now obvious1 for the reasons already given1 that government would be utterly impracticable1 if it were to take cognizance of vices and punish them as crimes4 ,every human being has his1 or her1 vices4 ,nearly all men have a great many4 ,and they are of all kinds3 physiological1 mental1 emotional1 religious1 social1 commercial1 industrial1 economical1 etc4 ,if government is to take cognizance of any of these vices1 and punish them as crimes1 then1 to be consistent1 it must take cognizance of all and punish all impartially4 ,the consequences would be1 that everybody would be in prison for his1 or her1 vices4 ,there would be no one left to lock the doors upon those within4 ,in fact1 courts enough could not be found to try the offenders1 nor prisons enough built to hold them4 ,all human industry in the acquisition of knowledge1 and even in acquiring the means of subsistence1 would be arrested2 we should be all under constant trial or imprisonment for our vices4 ,but even if it were possible to imprison all the vicious1 our knowledge of human nature tells us that1 as a general rule1 they would be far more vicious in prison than they ever have been out of it4 ,a government that shall punish all vices impartially1 is so obviously an impossibility1 that nobody was ever found1 or ever will be found1 foolish enough to propose it4 ,the most that any one proposes is1 that government shall punish some one1 or1 at most a few1 of what he esteems the grossest of them40 8,but this discrimination is an utterly absurd1 illogical and tyrannical one4 ,what right has any body of men to say1 #8,the vices of other men we will punish1 but our own vices nobody shall punish8 ,we will restrain other men from seeking their own happiness1 according to their own notions of it2 but nobody shall restrain us from seeking our own happiness1 according to our notion of it4 ,we will restrain other men from acquiring any experimental knowledge of what is conducive or necessary to their own happiness2 but nobody shall restrain us from acquiring an experimental knowledge of what is conducive or necessary to our own happiness4' ,nobody but knaves and blockheads ever think of any such absurd assumptions as these4 ,and yet1 evidently1 it is only upon such assumptions that anybody can claim the right to punish the vices of others1 and at the same time claim exemption from punishment for his own4 ,the greatest of all crimes are the wars that are carried on by governments to plunder1 destroy and enslave mankind40 ,it has been asserted that gambling is a vice4 ,i deny that such is the case4 ,the proposition cannot be established1 as an absolute principle4 ,if a man chooses to risk his money1 on a game of cards1 he has a perfect right to do so1 in the abstract1 and no man1 or any body of men1 has a right to forbid him4 8,it is his money1 and he has a right to do what he chooses with it4 ,he has a legal right to put it in a gun and shoot it away1 or burn it up1 or risk it on a game of chance1 or make any other disposition of it1 and no man1 or body of men1 has a right to interfere40 ,for my purpose1 as a question of law1 the real question is whether a man may dispose of his own as he chooses8 ,if so1 then he has a right to wager it on a game of cards1 or at dice2 and it is absurd to treat as criminal another man who may join in with him in gaming1 as an antagonist4 ,in other words1 8,if ,john has at any time or in any place1 the right to wager his money on a game of chance1 then it is absurd to treat as criminal the helping ,john to do what he has a right to do4 ,if one participant in a transaction is guilty of crime1 so is the other4 ,but if one participant is guiltless1 then the other is guiltless40 ,the keepers of gambling resorts are denounced1 as though they were responsible for the gambling propensity in mankind4 ,now1 resorts for gambling do not cause the passion4 ,it is a tendency to which all men are prone1 more or less4 8,the essential fact is the existence of this passion4 ,there can never be any great difficulty in obtaining the means for its gratification40 ,if not one way1 then in another4 ,if at all1 attack the principle1 in whatever guise or by whomsoever practiced4 ,if some methods are denounced1 then should all methods be denounced4 ,if those who furnish certain 8means to the end0 are to be punished as criminals1 then should all persons who furnish any 8means to the end40 ,but to punish any such person is erroneous and very short sighted2 for the primary cause of the trouble1 if such it be1 is the desire for gaming4 ,it is impossible to prevent its gratification4 ,as wisely attempt 8to make one's hair white or black0 by virtue of 8the statute in such cases made and provided40 ,suppose the law efficacious1 with what consistency does our jurisprudence make gambling a crime8 ,in general1 at common law1 all games are lawful1 unless fraud has been practiced4 ,each of the parties must have a right to the money or thing played for4 ,he must give his free and full consent1 and the play must be conducted fairly4 ,the mutual promises of the parties to the wager are held a sufficient consideration4 ,a large number of such actions have been sustained by the courts of ,england and the ,united ,states4 ,for example1 it was held that a wager of fifty guineas by one of the litigants that an appeal from a decree of ,chancery would be reversed by the ,house of ,lords1 was not1 of itself1 void1 there being no charge of fraud4 ,so1 wagers as to the time when a railroad would be completed2 or1 as to the name of a person whom one of the parties had seen2 or1 as to the age of one of the parties2 or1 upon the price of an article of commerce2 or1 as to who would die first1 of two persons not privy to the wager2 or1 as to whether ,a4 would hit a target2 or1 upon foot or horse races2 were held valid4 ,indeed1 the tendency of the courts to discourage wagers of every nature is relatively of recent date4 ,in many of the ,united ,states1 the doctrine has been abrogated by statute4 ,texas1 ,delaware1 ,california1 and some other states still adhere to the ,english rule4 ,some of the judgments in ,england were rendered by the greatest of judicial minds3 ,lord ,mansfield1 ,lord ,holt1 ,lord ,hardwicke and ,lord ,kenyon4 ,in the language of ,lord ,holt3 8,when considered in itself1 there is nothing in a wager1 contrary to natural equity1 and the contract will be considered as a reciprocal gift1 which the parties make of the thing played for1 under certain conditions40 ,lord ,mansfield laid it down1 that wagers are actionable3 8and that the restraints imposed on certain species1 by acts of parliament1 are exceptions to the general rule1 and prove it40 ,and ,lord ,kenyon declared in ,good vs4 ,elliott3 8,being bound by former decisions1 not having the power to alter the law1 not finding any one case against the legality of wagers in general1 and finding cases without number1 wherein wagers have been held to be good1 and that the payment of them may be enforced1 ,i adjudge the wager in the present case good at common law40 ,it was a wager that ,a4 had purchased a certain wagon of ,b4 ,the source of our jurisprudence is the common law of ,england4 ,gambling was not a crime under this system1 and here it would enforce the contract of wager4 ,i therefore denounce as incongruous and irrational a statute which seeks to punish the wagerer as a criminal4 ,crime1 at common law is something essential1 so1 in its very nature2 grounded in the ,mosaic decalogue and the reason of things3 murder1 mayhem1 adultery1 robbery1 theft1 arson4 ,the wager is akin to none of these1 nor does it come within their spirit4 ,the common law branded as a criminal him only whom ,god had thus branded4 ,the wagerer was not of the number4 ,in a word1 is gambling malum in se8 ,in answer1 the common conviction of men has never so regarded it4 ,the common law has ever recognized a boundary line which separates the mala in se from the mala prohibita4 ,in law1 a thing is malum in se when absolutely evil in itself2 8not1 indeed1 in a philosophical sense10 says the eminent lawyer1 ,james ,c4 ,carter1 8but absolutely1 according to the universal conviction1 in the political society which so views it2 and mala prohibita are those things1 otherwise innocent or indifferent1 which the legislative power1 having control over the subject1 may declare to be offenses40 ,although not malum in se1 gambling may be malum prohibitum4 ,if the latter1 then it becomes merely a question of public policy whether or not the state shall license gambling1 subject to such conditions as the police power might impose4 ,at any rate1 to the extent that government is a moral entity1 it cannot rightfully punish gambling as being bad in itself4 8,the ,king is ,dead--,long ,live the ,king40 ,illustration ,,chapter ,v4 8,the ,king is ,dead--,long ,live the ,king40 ,expressive was the coronation ceremony in the ancient ,dukedom of ,carinthia4 ,the ducal candidate1 in a peasant's garb1 and with head proudly erect1 walked towards the marble throne of his ancestors4 ,but upon it was already seated a peasant1 attended by the black bull and the lean horse--those sad and severe symbols of his class4 ,then was commenced between them this rude dialogue3 ,peasant3--8,who so proudly dares enter here8 ,is he a just judge8 ,has he the good of the country at heart80 ,duke3--8,he is and he will40 ,peasant3--8,i demand by what right he will force me to quit this place80 ,duke3--8,he will buy it of you for sixty pennies1 and the horse and the bull shall be yours40 ,nowhere1 in the past1 was the sovereignty of the people more haughtily declared1 than in this formality of the old ,carinthians4 8,it bears the seal of remote antiquity--of an ,homeric or ,biblical simplicity40 ,that the people were the only true source of power1 was admitted even in the archaic periods of history4 ,of olden time1 there were many forms of popular government4 ,aristotle made a study of their institutions4 ,greece had her democracies and ,italy a great republic4 ,in ,asia1 then1 as now1 the assertion of political power was the sole foundation for its maintenance4 ,with the development of ,christianity1 in ,europe1 was inculcated the theoretic idea4 ,kings were anointed and they ruled by 8divine right40 ,in the language of ,mr4 ,tiedeman3 8,the king1 who in theory obtained his authority from ,god1 acknowledged no natural rights in the individual4 ,individual activity1 for its room1 depended upon the monarch's will40 ,in time1 however1 came the ,reformation and political revolutions in ,england1 ,france1 the ,netherlands1 ,spain and ,italy4 ,to-day1 the 8divine right0 of kings is generally repudiated4 ,it has been displaced by the ancient principle that all power is derived from the people4 8,the people were once subjects of the king4 ,the government is now subject to the people40 8,the king is dead10 but his functions yet live in 8the state10 or the people4 ,while many ancient statesmen and publicists recognized the proper origin of power in government1 their opinions as to its nature and extent were neither clear nor sound4 ,wherever lodged1 in their judgment1 power was limitless and irresponsible4 ,whether exercised by king or emperor1 by an aristocracy or the people1 it was absolute4 ,politically1 in other words1 the individual was annihilated by the state4 ,government did not permit the existence of any personal right that it 8was bound to respect40 ,this is also true of later times1 in continental ,europe4 ,true1 the 8divine right0 of kings was repudiated1 but not the doctrine of absolutism4 8,vox ,populi1 ,vox ,dei10 became the general answer to all complaints of the individual against the encroachments of popular government upon his rights and liberty4 ,in the name of the people1 atrocious crimes were perpetrated by revolutionary governments4 ,in its proper sense1 individual liberty is a development of the ,anglo-,saxon institutions4 ,this doctrine is fundamental to the ,english ,constitution4 ,the principle is cardinal and vital in the ,american system of government4 ,individual rights are protected by constitutional restrictions upon power1 federal and state4 ,in the ,united ,states1 every individual is a king4 ,this accords with the so-called laissez-faire doctrine1 of modern development in ,england and the ,united ,states1 which confines the sphere of government within the narrowest limits1 and denies to it the power to do more than provide for public order and personal security1 by the prevention and punishment of crimes and trespasses4 ,under the influence of this wholesome principle1 with us and in ,great ,britain1 for one hundred years1 the encroachments of government upon the rights and liberties of the individual have been comparatively few4 ,in other words1 it has been generally admitted by the wisest and broadest statesmanship1 that private rights and personal liberty do not exist by the permission of municipal law4 ,they are natural and founded upon the law of reason2 that1 therefore1 governmental restraint should 8only go to the limit necessary to a uniform and reasonable conservation of private rights40 ,municipal law protects and develops1 rather than creates private rights and personal liberty4 ,in the ,united ,states this 8limit0 has been generally fixed at the power to enforce the common and civil law maxim1 8sic utere tuo1 ut alieum non ldas40 ,the 8police power10 it is called1 and extends1 in its broadest sense1 to the preservation of peace and good order to the protection of property rights1 8and of the lives1 limbs1 health and comfort of all persons40 ,any law which goes beyond this1 in the ,united ,states1 at least1 and undertakes to abolish rights1 the exercise of which do not infringe upon the rights of others2 or limits the exercise of rights beyond what is necessary for the public welfare and general security1 is not properly within the police power4 ,the police power1 then1 is properly concerned only with crimes and trespasses4 ,it cannot rightfully invade the realm of ethics1 as such4 ,crime is theoretically a direct injury to the public1 and trespass1 a direct injury to the individual4 ,a vice1 on the contrary1 is the inordinate gratification of one's desires and passions4 ,the primary damage is to one's self4 ,in contemplating the nature of a vice1 we are not conscious of a trespass on the rights of others4 ,vice does not fall within the police power4 ,expressed in the language of ,mr4 ,tiedeman1 8the object of police power1 is the prevention of crime--the protection of rights against the assaults of others4 ,the police power of the government cannot properly be brought into operation for the purpose of exacting obedience to the rules of morality1 and banishing vice and sin from the world4 ,the moral laws can exact obedience only in foro conscienti4 ,the municipal law has only to do with trespasses4 ,it cannot be called into play in order to save one from the evil consequences of his own vices1 for the violation of a right1 by the action of another1 must exist or be threatened1 in order to justify the interference of law40 ,the people of this country are generally convinced of this truth4 ,so widespread is the conviction that1 where a law 8does not have for its object the prevention or punishment of a trespass upon rights1 it is impossible to obtain for it an enthusiastic and unanimous support40 ,besides1 it is true of every community1 when 8public opinion is aroused to an activity that will enforce a law for the prevention of vice1 the moral force alone will be ample to suppress it40 ,but it is sometimes urged that an otherwise ineffectual statute may serve to direct public opinion in the right direction4 ,to this ,i reply that one unerring truth is taught by the history of legislation3 8,it is the utter futility1 in a corrective sense1 of a law whose enactment is not the unavoidable resultant of the forces then in play in organized society4 ,nothing so weakens the reverence for law1 and diminishes its effectiveness1 as still-born statutes40 ,certain matters are generally recognized to be within the police power of the state4 ,for instance1 the control of infectious and contagious diseases1 of the insane1 of habitual drunkards1 spendthrifts1 vagrants and mendicants4 ,and finally1 by forced construction1 it has been extended to the liquor traffic4 ,the law1 it is said1 may prohibit the sale of liquor to minors1 lunatics1 persons intoxicated1 confirmed inebriates1 and other persons with certain weaknesses of character4 ,courts maintain that while the liquor traffic is subject to the police power1 yet it may not be entirely forbidden as necessarily injurious to the public in a legal sense4 ,to quote the ,supreme ,court of ,indiana1 in ,beabe vs4 ,state3 8,where injury does result 7from the use of beverages7 it is usually caused by the shortcomings of the purchaser1 without any participation in the wrong of the seller4 ,no business can be prohibited altogether1 unless its prosecution is necessarily and essentially injurious4 ,it is the abuse and not the use of beverages that is hurtful4 ,the use of beverages is not necessarily destructive to the community4444 ,fire-arms and gunpowder are not manufactured to shoot innocent persons1 but are often so misapplied4 ,axes and hatchets are not made and sold to break heads with1 but are often used for that purpose4 ,yet who has ever contended the manufacture and sale of these articles should be prohibited as a nuisance4 ,we repeat1 the manufacture and sale of liquors are not necessarily hurtful1 and therefore may not be entirely prohibited40 ,so much for the 8police power10 generally considered4 ,but what of its relation to gambling1 if any8 ,if the practice is neither a crime nor a trespass1 then it is not rightfully subject to public regulation4 ,i have demonstrated to the candid judgment that1 of itself1 gambling is not essentially wrong4 ,i insist that1 at least1 in the absence of fraud and chicane1 it is neither sinful1 nor criminal4 ,to gamble with another is not to assault his person or property by main force4 ,to wager or bet upon the laws of chance1 deceit aside1 is not to kill1 maim1 rob1 or cheat your fellow man2 the players freely participate in the hope of gain or for amusement4 ,then wherein is the action either felonious or tortious8 ,why should the police power interfere8 ,that it cannot properly do so1 under our institutions1 is conceded by ,mr4 ,tiedeman4 ,he is an able and accomplished lawyer1 and recognized by the profession as an authority on the subject4 ,but it may be said1 the effects are injurious1 and for that reason the state may forbid the practice4 ,that gambling is 8necessarily and essentially0 injurious to society1 ,i deny4 ,as a pastime1 it is innocent1 as a principle of action it permeates the business world4 ,if an amusement1 it may be abused to the detriment of certain individuals1 but the abuse of a thing1 innocent in itself1 does not make that thing a crime4 ,when an occupation1 it is but natural that the laws of chance should operate unevenly3 to the advantage of some and to the disadvantage of others4 ,uniformity of success in affairs is impossible4 ,throughout the business world1 in every department of human activity1 the losers but bear a fixed proportion to the winners4 ,some must fail that others may succeed4 ,such is the law of existence1 as society is constituted to-day4 ,we are not now concerned with ideals4 ,the realities suffice for my purpose4 ,chance is at present the great motive power of the world4 ,it sustains hope1 and stimulates endeavor4 ,through its operation men are enriched and nations aggrandized4 ,that some meet with disaster and encounter misfortune does not prove that appeals to chance are criminal in their nature1 nor that such appeals are 8necessarily and essentially0 injurious to the state4 ,consistently1 therefore1 gambling cannot be forbidden because in its pursuit some persons are fool-hardy and others unfortunate4 ,i may be asked1 8,what do you suggest80 ,i would license gambling1 and place it under such restrictions as would tend to lessen its abuse4 ,i am willing1 for practical purposes1 to concede this much to the police power4 ,if this policy may be claimed for the liquor traffic1 why not for gambling also8 ,is gambling more injurious than intemperance8 ,no1 the victims of alcohol outnumber the unfortunate gamblers a thousand to one4 ,the habitual use of intoxicants is necessarily and uniformly injurious to the individual4 ,this is not true of gambling1 as a pastime4 ,the player may win4 ,some of the players must win4 ,whatever can be said against the prohibition of the liquor traffic1 applies with greater force to gambling4 ,if there are reasons why the sale of intoxicants may be licensed1 by the state and municipal authorities1 such reasons serve but to demand a like privilege for gambling4 ,briefly1 the rule laid down by the ,indiana ,supreme ,court as to the liquor traffic1 in ,beabe vs4 ,state1 is clearly applicable to games of chance as a business4 ,this is obvious from the whole tenor of my discussion4 ,if the state is not willing to take this step1 then leave the matter to 8local option40 ,leave it to the municipal authorities1 whether gambling is to be permitted or not1 in a given locality4 ,let it be a question of policy and toleration1 if you will4 ,regulations may be imposed1 as with the saloon4 ,recognize the existence of gambling as a fixed fact1 but interpose a surveillance for the prevention of fraud4 ,as with the saloon1 also1 provide for the protection of those weaklings who are ever wards of the law3 8minors1 drunkards1 lunatics and spendthrifts40 ,this policy now obtains generally on the continent of ,europe1 and to a certain extent in several of the ,united ,states3 notably1 ,arkansas1 ,texas and ,california4 8,what6 would you have gambling public80 ,yes1 rather than private2 and that is the alternative presented to the wise4 ,the experience of ,california1 in this matter1 is that of every state in the ,union1 and all may profit by her example4 ,in the words of ,judge ,murray of that state3 8,the ,legislature1 finding a thirst for play universally prevalent throughout the state1 and despairing of suppressing it entirely1 attempted to control it in certain bounds1 by imposing restrictions and burdens on this kind of business4 ,the license operated as a permission1 and removed1 or did away with the misdemeanor as it existed40 ,the issue for practical men is3 ,shall gambling be in sight and subject to control1 or shall it be out of sight and beyond control4 ,the 8situs0 of public gambling is known to the authorities1 and thus may its conduct be supervised and regulated3 its every operation may be hourly inspected by the police1 to the exclusion of those whom the law may with propriety protect from their own acts1 and the prevention of cheating by dishonorable methods and devices4 ,if gambling is public1 in brief1 its abuses can be reduced to a minimum4 ,when repressed at known points1 gambling is not thereby discontinued4 ,it is thus distributed over a wider field1 there1 secretly to thrive in its worst features4 ,then it is that fraud and theft are triumphant3 that 8brace0 gamblers 8wax fat0 and their conscienceless harpies pray in secret upon the unwary and the inexperienced4 ,public gambling is generally fair and honest4 ,secret gambling is too often but another name for a robbery that cannot be prevented by either police or magistrates4 ,again1 the number of employees are few1 comparatively1 in the public gambling club1 and it is without other allurements than naked chance may offer4 ,not so the private institution1 the patrons of which may freely partake of most seductive viands and expensive liquors2 rents are also higher1 and more employees are required4 ,the private club is costly in the extreme3 an extravagant scale is necessary to its very existence4 ,this is a severe test to the scruples of a proprietor4 ,in some way he must meet expenses and insure a livelihood4 ,for an honest gambler the maintenance of a private club is seldom possible4 8,but public gambling would be a temptation to the poor man4 ,you admit that poor men should not gamble80 ,i answer1 who is the 8poor0 man8 ,when you have found him1 who is his keeper8 ,are you the custodian of his judgment and inclinations8 ,i am of opinion he would repudiate your guardianship with indignation4 8,consistency thou art10 indeed1 8a jewel40 ,the rich and well-to-do may gamble1 perhaps1 but not the man of small resources4 ,i ask1 who has the right1 for that reason1 to say the latter nay8 ,not you1 rich gambler in stocks and farm products2 nor you1 sir1 who nightly gamble in the parlor of a comfortable home1 or at the private club you assist in maintaining for that purpose4 ,by what authority were you constituted the keeper of a less fortunate neighbor8 ,all this aside1 however1 the suppression of public gambling will not deter any man from the pursuit1 whether 8rich0 or 8poor40 ,a thousand avenues are opened to him1 despite the law and the authorities4 ,in this matter1 society must trust to the education of individual character and the gradual amelioration of mankind4 ,besides1 if gambling were subject to regulation1 as other pursuits1 our laws could the better protect whomsoever it might desire4 ,transcriber's ,notes ,punctuation1 hyphenation1 and spelling were made consistent when a predominant preference was found in the original book2 otherwise they were not changed4 ,simple typographical errors were corrected4 ,unbalanced quotation marks were remedied when the change was obvious or the quotation was found in other sources4 ,the others remain unbalanced4 ,the illustration on the ,title page is a decorative floral2 the other illustrations are decorative headpieces4 ,page #aji3 8the band of fate0 was printed that way4 ,page #ahg3 ,opening quotation mark has no matching closing mark4