// r. fs /:■ $■- , i VICE OF GAMBLING, DELIVERED, BY APPOINTMENT, lt> THfc EntM&amfclitifl Soctrtg of arrausjMauta SSuftoersttg, NOVEMBER 2ND & 3RD, 1835, BY CHARLES CALDWELL, M. D. ?'«F, A DISCOURSE «*» VICE OF GAMBLING, Delivered, by appointment, to the Anti-Gambling Society of Tran- sylvania University, November 2nd and 3rd, 1835, BY CHARLES CALDWELL, M. D. PUBLISHED BY ORDER OF THE SOCIETY. LEXINGTON, KY: * J. CLARKE * CO., PRINTERS—UPPER-STREET. 1835. DISCOURSE. Gentlemen : An object of no ordinary import has called us together. We are bound therefore to regard it with a cor- responding degree of attention and interest. It concerns not merely the correctness and purity of our own lives, our safety from impending and manifold mischief, and the dis- charge of a duty to a few of our contemporaries. No; its scope is much wider, and its end more momentous. Extend- ing in its influence far beyond ourselves, and those with whom we are immediately connected, it involves the moral standing and general character of the community we live in, and bears prospectively on the interests of posterity. Ages hence, when we shall be forgotten, our descendants may feel it in their characters and fortunes. Nor is it limited in its action to sublunary concerns. The stamp and bias which the mind may receive from it, in its present state of existence, can hard- ly fail to pass with it into another, and cling to it interminably. This is the first anniversary of a solemn compact, in which we pledged to each other and to the world our honour and good faith, not only to refrain ourselves from a certain speci- fied and pernicious practice, but to do all in our power to dis- countenance and suppress it. The latter element of this obli- gation devolved on us the duty of endeavouring to dissuade others from indulging in the deprecated evil, and to affix on it the odium and reprobation it deserves. In its influence on each of us, therefore, the occasion is calculated to be deeply impressive. Twelve months have elapsed, since, as officers and sons of Transylvania University, we associated ourselves, in this Hall, against the vice of Gambling; and we have met again to com- memorate the event. In speaking of that event and its con- 4 A DISCOURSE ON GAMBLING* sequences, I beg to be considered as having no reference to the humble part I performed in it personally. My remarks will be commemorative of the performances of others. As far as my fellow members were" concerned in the transaction, they have discharged their duty nobly, and are not only entitled to the thanks of their fellow citizens, but are also privileged to look back to their patriotic association, with feelings of mutual gratulation and triumph. It was the first blow of the kind that had been struck in the West, and the first but one in the Uni- ted States, against the fraudulent and nefarious practice, that constituted its object. Nor can it fail, wherever it may be made known, to redound to the honour of the individuals who aimed it, and to the credit of the institution, under whose au- spices it occurred. Such will be the reward of the society I address, as long as crime shall be viewed with abhorrence, and promptitude of action* in the suppression and prevention of it, receive the approbation of the virtuous and the enlightened. That the movements in Transylvania against the vice of gambling have been highly beneficial, it would be skepticism to doubt, and injustice to deny. They saved from the insidi- ous machinations of the blackleg many of your fellow pupils, who might have otherwise fallen victims to them, and gave a salutary warning to the unsuspecting to beware. As far as could be ascertained, not a card nor a die was thrown, nor a game of hazard of any kind indulged in, during the session of last winter, by a single pupil belonging to this school. That was indeed "a consummation devoutly to be wished," and was fairly attributable to the formation of the society. The mutual pledge of the members not to gamble was honorably redeemed by them; and the few pupils who did not formally renounce the evil, notwithstanding, refrained from it. Nor do I permit myself to doubt, that the present class, individually and as a body, will follow an example so highly meritorious. More honorable still; I trust they will set an example to be followed by their successors. Nor did the Society benefit alone the members of the Uni- versity. Its influence on the inhabitants of Lexington was A DISCOURSE OX GAMBLING. & striking. A long standing and pernicious custom pursued by many of them, was thrown into disrepute and nearly extin- guished by it—at least for the season. My allusion is to family gambling, the fell and fatal root of the entire evil. As far as information was received, but one attempt was made last win- ter, in any family of note, to desecrate the fire-side, by that once fashionable scene of corruption and mischief, a "social whist party." And, to the joy of all who were friendly to Lexington, its institutions, and its youth, that proved a failure. None but a few of the most stanch and veteran members of the "Club" repaired to the rendevous of unhallowed cupidity, and cozenage in disguise. Nor did even they proceed in the for- bidden enjoyment. For once their hardihood forsook them, and the cards lay neglected. Mortified and dispirited at their re- duced numbers, and disappointed hopes of play and plunder,, they dispersed at an early hour, to mourn, as may be supposed, in solitude and silence, over the degeneracy and defection of their craven associates, and the perishable nature of sublunary bliss! Such was one of the earliest trophies of our infant association* Though the serpent that had long shed its poison through the community was not strangled in its grasp, it was maimed and discomfited. In further commendation of our society and its operation, it was not limitted in its salutary influence to Lexington alone. It made a lively impression on most of the neighbouring towns and cities, and was felt throughout a large portion of the Mis- sissippi Valley. To myself individually, as well, I doubt not, as to many others, numerous applications were made for copies. of our Constitution, of an address that was delivered on the occasion, and of reports of our proceedings, accompanied by flattering messages, expressions of thanks, and confident as- surances that our example would be followed. And I rejoice to inform you that those assurances are beginning to be rea- lized by the formation of anti-gambling societies in every di- rection. At length is the axe about to be applied to the for- bidden tree; and the moral upas, that has been long taking root in our country, and poisoning every breeze with its dead- 6 A discourse ©;.• gambling. ly emanations, will fall with a crash, destructive to those, by whom it was planted. May appearances be trusted, the time is approaching, when professional gamblers will be no longer suffered to go at large in society; and when family gambling will be also suppressed, or when those who may persist in it will be thrown into an odious fraternity by themselves, shun- ed by- the virtuous and honorable, pointed at by the scornful, and pitied by the compassionate on account of their fallen for- tunes, and degraded condition. And, at whatever period this desirable consummation may occur, the Anti-Gambling Society of Transylvania will have been highly efficient and distinguish- ed in its production. It will be remembered and hailed as a patriotic corps, that aroused the people by its early summons, animated them by its spirit, and led them to the onset. Such is a hasty and brief recital of what we have already done, and such the brightening prospect before us. Our morn- ing dawn has been benignant and propitious, and, if we con- tinue true to ourselves, and persevere with steadiness in the work we have commenced, we have the promise of a day of usefulness and glory. Recent occurrences, as well in other places, as in our own city, indicate the present time as a crisis peculiarly favourable for action. The tide is up, and, if taken at the flood, will bear us on its bosom to the haven of our wishes. But, if neglected, and allowed to pass away, its ebb may be final; and even the star of hope, that has cheered us in our efforts, obscured by our delinquency, may desert us forever. Never perhaps before has- there been a conjucture so auspicious to the enterprise we are engaged in. Public sentiment and a newly awakened sense of public danger are vigorously in our favour; and these, when brought into ac- tive co-operation, are irresistible. To give them full effect, under existing circumstances, is as easy as to will it. Even now are thousands of our fellow citizens prepared for the summons invoking them to the conflict. And "Destruction to Gambling, and Confusion to its Advocates," is a motto they would willingly inscribe on their banners. Nor, as has been just intimated, is it in this region alone that A DISCOURSE ON GAM3LING. 7 all things are in readiness. Throughout the land, if signs are not deceptive, a similar state of preparation exists. Every where is the harvest ripe for the sickle, and promises to la- bourers an abundant reward. And where is the man of a sound conscience, and possessed of feelings that deserve to be called religious, so deaf to duty, and so regardless of his own and the public welfare, as to shrink from service, and remain inactive, on an occasion at once so cheering and imperative! I reply unhesitatingly, that such a man does not exist; and that he who, making a profession of morality and religion,-refrains from action, at such a conjuncture, professes merely, and is practically a hypocrite—or a moral coward—a time server of some kind. Am I told that this language is unceremonious and harsh? Be it so. It is notwithstanding true; and as to ceremony, soothing tones, and silken expressions in a case like the pres- ent, I give them to the wind. When the gangrene is deep and the disease desperate, lenitives are fatal. The knife and the caustic must be employed—or the patient dies. If no such individual as I have designated exist, I have given no cause of offence; and if there be any such, whether his condition is high or low, and whether he is a clergyman or a layman, he has much more reason to be offended with himself than with me, and deserves a severer rebuke than I have given him.-— And such rebuke is in store for him, from his conscience or his God^ His inaction is . criminal, because it tolerates crime, which he might aid in suppressing. But, in every undertaking, measures and means are no less necessary, than a readiness to employ them. To insure suc- cess in our present enterprise, not only must we have the res- olution to act; competent schemes of action must be devised, and all things requisite to their accomplishment provided. A few remarks on these topics, therefore, will not, I flatter my- be considered out of place. The more effectually, however, to nerve us for the contest, and confirm our resolution not to abandon it, let us contemplate, for a moment, the character of the evil we are anxious to exterminate. As already mentioned, we have put ourselves in array a-> 8 A DISCOURSE ON GAMBLING. gainst the vice of Gambling; and that is a term of hideous im- port. A picture of the flagitious scenes of a gaming house would be the best exposition of it—the only one indeed that could competently .portray it. But to furnish that, in the strength of feature and-character that belongs to it, is a task too arduous for me to attempt. What my eyes have beheld in those abstracts of' abomination, my language is wanting in power to express. It would be hardly extravagant to say, that Dante and Milton might have culled materials from them, to heighten the intensity of their burning delineations of the Regions of Wo. The term Gambling implies an incorporation of all that is corrupt and nefarious in principle, seductive m example, and ruinous in effect. It makes irrevocable havoc of family, fame, fortune, morality, social endearment, private worth, and public usefulness, and of every thing else that ren- ders youth lovely, age venerable, or life desirable—of every thing that does honour to the living, or embalms and hallows the memory of the dead. If there be a human bliss which gambling does not embitter, or an earthly good which it does not deteriorate, I am a stranger to both. And if there be a single vice or mark of turpitude, ruinous to man and hateful to Heaven, which does not follow in its train, its name would be new to me. On a former occasion, not dissimilar to the present, I pro- nounced gambling identical in principle, and therefore in classy. with robbery, and theft, pocket-picking and piracy, and what- ever other form of crime a want of conscience, and a lawless cupidity of gain can engender. I further declared it to be a relic of barbarism, resorted to by the ignorant, uncultivated^ and tasteless, to fill up the mental vacuity, and remove the; tedium which idleness produces. And I now not only repeat and affirm the opinion then advanced, but confidently add, that the same individuals, who, by one train of circumsta&eesy are' converted into gamblers, may, by other trains adapted to the several modifications of vice, be transformed to robbers and thieves, pick-pockets and pirates. The characters and their* crimes are congenial, and readily transmutafcle into each other. A DISCOURSE ON GAMBLING. 9 la confirmation of this, nothing is more common, than for a daring gamester, who has been beggared in one of the "Hells" of London, to appear soon afterward a successful highwayman on Shooter's Hill, or Hounslow-Heath. And, in Paris, the same desperado is one night a gambler in the Palais Royale, the n3xt a pick-pocket in the Rue St. Denis, and the third a footpad in the Champs d'Elysees. And whole crews of pirates, and bands of conspirators have been composed of the wreck and refuse of gaming-houses. We are told distinctly by the Ro- man historian, that Catiline and his chief confederates were, a corps of beggared and desperate gamblers. Nor do I hesitate to subjoin, that when the professional gamblers of the United States shall be driven from their trade, as they certainly must be, they will resort to some form ofpositive and technical felony i As to gentlemen gamblers, many of them will probably content themselves with swindling, or some other sort of sinister em- ployment, less dangerous than theft or robbery—though equal- ly disreputable and immoral. Industry and sober honesty will be too insipid for them. They will be like distilled water to the habitual sot, whose palate is callous to every thing mild- er than concentrated alcohol; or like pulverized starch to the veteran snuff-taker, whose nostrils have been regaled* with "Irish black-guard.'''' But, be the change what it may, society will be benefited by it. A gentleman gambler is worse than a swindler, because he is more seductive and treacherous in his malefactions; and a black-leg is the most nefarious and dan- gerous of felons. Independently of his own fraudulent and flagitious transactions, a gambler, whether gentlemanly or pro- fessional, makes more thieves and pilferers, than perhaps all other offenders united. This he does by seducing clerks to pilfer from their employers, servants and apprentices from their masters, husbands from their wives, sons from their parents, brothers from their sisters, friends from friends, and strangers from strangers, to make an offering of the unhallowed gain at his polluted shrine. This he does in instances numerous be- yond calculation. A deplorable example of the kind occurred very recently in this city. A young man of a character once 2 10 A DISCOURSE ON GAMBLING. irreproachable, and of highly respectable family connections, was despoiled at the card table of all he possessed. Unable to leave the place, in this state of destitution, he robbed a fel- low lodger, was detected, imprisoned, and ruined for life'. When on his way to the dungeon, he confessed to the officer who conducted him, and afterwards in open court, that gamb- ling had been the cause of his misfortunes and crimes. And thousands of others have made similar confessions, when about to be executed for capital offences. Gambling taught them first to steal, then to rob, and next to murder, which brought them to the gibbet. The addition made by the black-leg to the hosts of the in- temperate is also abundant. Though he rarely drinks to in- toxication himself, he sits in grim sobriety and makes others drink, that they may surrender themselves the more certainly and helplessly to his toils. The vice of intemperance in drink is almost the only one from which he is exempt. And, as just represented, he abstains from that from vicious motives, and for atrocious purposes—that he may succeed the better in his schemes of felony. Such is the unqualified turpitude of his character, that it is scarcely possible for him to do a praise- worthy action from a praiseworthy motive. To moral and virtuous purposes he is a stranger, be his occasional perform- ances what they may. Is he, at times, apparently generous and charitable in his feelings, and munificent in his contribu- tions? He is in quest of popularity and favour, that he may perpetrate his iniquities the more successfully and on a broader scale; and that, in case of detection, arrest, and trial,he may find adherents to procure his acquittal, or aid in his escape— or perchance to obtain a pardon for him from some State Ex- extive! And, by such means, he frequently gains a dangerous influence.—I have said that gaming promotes intemperance. In proof of this, every gambling-house has its appendix of grog- shops. And those profligate sinks of intemperance and riot, are hotbeds also of games of hazard. Gaming and drinking therefore are mutual auxiliaries, in the corruption of morals, A DISCOURSE ON GAMBLING. 11 and the production of crime. But the former is unspeakably the most atrocious. That assassination, and all forms of individual violence and dissoluteness enter into the aggregate of evils that cluster around the vice of gambling, has been long known to us. But a new and more inhuman element has recently appeared in the fell incorporation. I allude to the conspiracy between black-legs and horse-thieves, robbers and rebellious slaves, to spread conflagration and havock through the south. Were their other offences less deep and damnatory than they are, that attempt alone furnishes ample ground to the governments of the slave-holding states to act toward them with unprece- dented vigilance and severity. It proclaims in a tone of au- thority not to be questioned, much less resisted, that no pro- fessional gambler should be suffered to reside in those States, in the enjoyment of his freedom. He should be banished in conformity to a law enacted for the purpose, or committed to the penitentiary and hard labour for life. Nothing short of this will exterminate the race; and to permit their existence and freedom, is to invite ruin. Their reformation is hopeless— at least while they are surrounded by temptations and chances of forbidden gain. Nor should legislative measures be confined to them alone. They should extend to all persons who practise any game or sport of hazard, where money or property is stak- ed, that the fraudulent custom may be entirely suppressed. To win and extort money, by one sort of betting, is as immoral as by another. For a two-fold reason the slave-holding states are peculiarly interested in these precautions. To their inju- ry and disgrace, they are the principal hotbeds of gamblers; and, from the character of their population, such felons and vagabonds are dangerous to their peace, as the event referred to has satisfactorily shown. It is not unknown to me that certain eastern writers, and other noisy meddlers, at a distance, have censured the prompt and stern proceedings of our brethren of the south, in relation to gamesters, murderers, and their associates. Captious and obtrusive railers, what have they to do with a matter that in 12 A DISCDURSE ON GAMBLING. no way concerns them! What do they know about the ground of the immediate determination and decisive action of the people they condemn! and what of their irresistible necessity to act, and of the ruin that vascillation or delay might have produced! The State of Mississippi was threatened with an insurrection and a servile war (always the most sanguinary and unsparing of wars), and black-legs and horse-thieves, steam-doctors, and itinerant preachers, were to lead the slaves to pillage and massacre. By a gang of desperadoes the mur- der of a brave and distinguished citizen was already perpetrat- ed—the first act in the tragedy whose catastrophe was to consist in the desolation of the country! A commencement so appalling called imperatively for vigorous re-action. At a crisis so awful, when the volcano of the passions was ready to open, what was to be done? The blood of thousands of the orderly and virtuous—women and children, innocence and beauty included in the reckoning—and the agony and despair attending such disasters, were weighed, on one side, against the blood of a few felons and conspirators on the other, whose lives had been nothing but a register of crimes, and were per- haps already forfeited to violated justice. Infinite disparity I At such a conjuncture a blow must be struck, as well to intim- idate and quell the foe, as to reduce his numbers. Decision and promptitude were essential to safety. To pause was to perish. When the assassin's knife is already bared, and at the throat of his victim, who that is sane and has manhood in him, will await the delay of a judicial process, before he strikes the murderer dead? He that weakly demurs, under circumstances so pressing, insures, if he does not invite, the immolation of the innocent, and is accessary to the deed!—at least in con- science, if not in law. So thought the patriotic and high- spirited Missippians, and their measures corresponded to the peril that surrounded them. To prevent a promiscuous and wide-spread scene of burning and butchery, they devoted to the cord, without all the technical formalities of law, a few notoriously guilty culprits, who were a curse to society, and A DISCOURSE ON GAMBLING.. IS a scandal to their race. By such proceeding the surviving murderers were terrified and banished and the conspiracy de- feated, and peace and security restored to the community. Such were the motives and such the consequences of the measures adopted; and they were the dictates of humanity, as well as conformable to the laws of necessity, and the spirit of self-defence. Yet their authors, I say, are denounced by a few shallow and censorious news-mongers, who are ignorant of their subject; and who, reposing in calm security at home, are reckless of the perils of their fellow-citizens at a distance; but who, had they been on the spot, when the tempest was ready to break, their wives and children trembling and weep- ing and clinging around them, and imploring protection and safety at their hands, would have not only concurred but co-op- erated with their countrymen in the stern work of prevention adopted—or, in the estimation of the manly, would have for- feited the names of husband and father! The horrors of St. Domingo are to be renewed in our country, until the waters of the Mississippi, already reddened and reeking with blood, shall reflect the glare of the midnight conflagration; yet the destined victims are not to protect themselves, and avert the catastrophe, except through the windings of courts of law?— And on what ground?—from motives, I reply, of a sickly and spurious clemency towards black-legs and their associates [ In all this prosing and canting about law and the rights of trial by jury, there is, in the present case, as little of humane feeling, as of sound judgment. The mere show of justice to the few and the profligate, in the form of law, might have proved real and criminal injustice to the many and the vir- tuous. It might have surrendered them to the dagger of the assassin, and the torch of the incendiary—and the impression was, that such would be the issue. Reason and experience concur in- testifying, that desperate and rapid complaints call for prompt and powerful remedies. Under circumstances of great urgen- cy, temporizing measures are sure to injure, if not to destroy. Such was the malady engendered by conspirators, in the vitals Of Mississippi, and the means applied were alone competent 14 A DISCOURSE ON GAMBLING. to its complete eradication. I shall only add, that what has been attempted in one slave-holding State may be attempted in others. Hence, I repeat, the wisdom and necessity of guarding against the danger, by vigilant precautions, rigid measures, and prompt execution. Shall I be told that there is danger in such precautionary mea- sures themselves, because they may be prostituted, by abuse, to evil purposes? I know it; and so has been, and so may again every earthly good be more or less prostituted to some sort of mischief. The food and drink that sustain our bodies, in common with knowledge and religion which minister to the mind, are subject to daily prostitution and abuse. So, as fear- ful experience assures us, are the immunities of freedom. What then? Must we neither eat, nor drink, worship, inquire, nor assert our liberties, lest, by some slight of hand of the artful and the malicious, those practices should be perverted from their true ends, and rendered detrimental to us? And when danger threatens us, must we fold our arms, and remain inactive, or strike only by line and rule, and in abject obedience to techni- cal authority, lest a blow aimed at an adversary should fall on a friend, or recoil on ourselves? Away with such cautious, time-serving nonsense! It is the counsel of cowardice, igno- rance and indecision, not of wisdom, firmness, and experience. It reminds me of the scruples of a certain general officer, noted for a slow step, when advancing on an enemy, and a quick one, when retreating, who was unwilling to have "great guns" abouthim,lest the foe might take them, and turn them against him- self! On occasions of sudden and perilous emergencies, bold and even doubtful measures must be sometimes adopted. The conjuncture justifies and renders indispensable, what would be wrong and forbidden, under ordinary circumstances. And, in such cases, where a prompt and intrepid policy has failed once, a tardy and timid one has failed ten thousand times. Those who resolve on the sword must be met with the sword; and if is, in most instances, the dictate of sound policy, to an- ticipate, their blow. When the tiger is crouching for his spring, there is no time to deliberate. The instinct to destroy must A DISCOURSE ON GAMBLING. 15 be implicitly obeyed, or the disobedient dies. Such is the law of nature, which is a fair transcript of the law of Heaven, by the author himself. In all case's, however, where the laws of the land are fully competent to the suppression of crime, the prevention of mischief, and the punishment of the guilty, let them be exlusively relied on. It is only on emergencies not sufficiently provided for, that a resort should be had to the laws of necessity. Such report by communities is clearly sanctioned by the laws that justify individuals in destroying in self-defence an enemy resolved and prepared to take their own lives, or the lives of their friends. And on the necessity of defensive measures, as well as on their form and char- acter, those most immediately concerned must decide. I know we are told that when the laws are insufficient to meet the conjuncture, time should be allowed to remove their insuf- ficiency. But I also know that such a course may prove fatal. All experience shows that human foresight and wisdom cannot legislate for every dangerous crisis that may occur. Something must be left to discretion and judgment. And I repeat, that those on the spot, acquainted with facts, and involved in the issue, are best prepared to judge correctly. (A. See Appen- dix.) Having thus, without reserve, expressed my sentiments of professional gamblers and the vices they practise, and my views respecting the suppression of the one, and the expulsion of the other, I may now ask; By what means are these important ends to be attained? In replying to this question, my remarks shall have reference chiefly to Kentucky; more especially to our own city; though it is probable they may apply also to other places. I have pro- nounced the ends aimed at "important;" and, from what has been already said, I feel justified in adding, that they are trans- cendently so. Never before has the city of Lexington been engaged in a cause so vital to her interests, as well as to her honour. She has often deliberated on matters of peace, and matters of war; on elections of officers for herself, for counties, the State, and the United States; and on turnpikes, rail-roads, 16 A DISCOURSE ON GAMBLING. banks, and institutions of learning. But what, to her, is either of these, or all of them united, compared to the topic I am now discussing? On the expulsion of gamblers, and the suppression of gambling, depend our moral, literary, and scientific exis- tence, and our entire character for respectability, as a commu- nity. Unless we drive from among us these moral lazars, and cleanse ourselves of the pollution with which they infect us, the name of Lexington will become a term of abhorrence, and a synonyme of profligacy. Our schools of learning will be de- serted; the very buildings they occupy may be turned into gaming houses; and our youths will become rogues, black-legs, and vagabonds, or, what is but little better—gentlemen gam- blers. How, then, I ask again, are these evils to be removed? The way, I reply, is plain and easy, if we unite in an effort to that effect, and vigorously pursue it. As a community, we have but to will a reform, and the work is done. Public senti- ment, fairly expressed and directed, and carried into practice with judgment and energy, will expel black-legs, and expunge gambling, in a single month, and reclaim us to comparative pu- rity and virtue. Witness the reform produced by the inhabi- tants of Vicksburg, Natchez, and other places to the south, with an ease and a rapidity that astonished even themselves. And the people of Lexington can do the same, with equal fa- cility and promptitude, provided they act with the resolution that becomes them. Nor need they violate, in the transac- tion, a single law of earth or Heaven, but aid, as good men are bound to do, in the fulfilment of both. In the cleansing pro- cess, however, suitable means must be employed. As far as I have been able to inform myself, the laws of Ken- tucky, for the suppression of gambling, are among the best, if not themselves the best, that have been passed by any State in the Union. The strict enforcement of them is amply com- petent to the extinction of the evil. Let them be thus en- forced, then, and the object is achieved. The black-leg is pros- trated, his machinations are no longer fatal to the inexperi- enced; and, as relates also to gentlemen gamblers, "Othello's occupation" will be at an end J For the latter fraternity are A DISCOURSE ON GAMBLING. 17 as flagrant violators of law, as deeply under its ban, and as li* able to the penalty and disgrace it affixes, as the former. In the execution of the laws against gambling, five classes of persons are especially concerned; informers and witnesses, who are usually the same; jurors, gentlemen of the Bar, gen* of the Bench, and subordinate officers of justice, consisting of constables, marshals, and sheriffs. Vigilance, capacity, and faithfulness, in these are sufficient for the entire extinguish- ment of the vice, and the punishment of the offenders. And by the public will, directed by intelligence, these qualities can be easily commanded. Do witnesses, as they often have done, refuse to surrender names, and communicate to the proper tribunals the informa- tion they possess, and which the law expressly and authorita- tively demands of them, respecting gambling and its perpetra- tors? Let them be rigidly, and without respect to persons, dealt with according to law; and, more especially let them be •regarded by their fellow citizens with indignant reprobation, as the friends of gamblers, the concealers of their crimes, and co-partners in their guilt. Visit on them the moral judgment and its penalty, "He that is not for us is against us." As re* spects the vice in question, this is a fearful truth. Every man in the community, who does not zealously and actively unite in the overthrow of this evil, is virtually an abettor of it. His affected neutrality is a departure from duty, and deserves to wear a more condemnatory name. It is, as heretofore ob- served, the result of moral cowardice, or of a culpable disre- gard for the good of the community. When the public wel- fare is threatened, he that stands aloof in the character of a neutral, is practically a traitor—the more especially if he has intelligence respecting the foe, which he refuses to impart. In a word; at a time like the present, when vice is struggling to gain an ascendency, no enlightened and virtuous citizen can be neutral. He, therefore, that assumes to be so, is wanting in knowledge, discernment, or honesty—he may take his choice. As respects jurors, who are sworn to find and report accord- ing to evidence, and who are usually possessed of intelligence 3 18 A DISCOURSE ON' C-JAMBLING. and character, the case is still more solemn and momentous. When men of this description from prejudice, person d par- tiality, a spirit of party, or any other sort of sinister feeling, sw-rve f om their duty, (; nd that they sometimes do so, is not to be questioned,) the delinquency is appalling; because, as far as it extends, it is a death-blow at once to justice and right. It is perjury in its worst form, and should be visited as such, without regard to person or standing. If, for any reason, law cannot reach the crime, public opinion c;>n. And the delin- quents should be crushed, by the weight of opprobrium indig- nantly thrown on them, by their injured fellow citizens. Add- ed to their being the friends of gamblers, and accessories to their crimes, their deliberate profan l.tion of their appeal to Heaven, is daring impiety. Jurors who thus betray the high trust reposed in them, are among the rankest offenders against God and their country. And, I repeat, that when the evii is so concealed by cunning and artifice, as to be inaccessible to law, it can be chastised only, and, if not irremediable, cured, by public indignation; and the manifestat'on of that should be open and strong. This is the more necessary, as jurors are less accessible to law, in punishment of their delinquencies, than almost any other class of men who abuse their trust. Tne very oath which they violate, and an appeal by them to their own consciences, which they have grossly offended, are artful- ly converted by them into coverings to screen them from legal justice. Such artifice, however, should not be permitted to shield them from reprobation and irretrievable disgr ce. In a case like the present, what shall we say of lawyers, and the course which some of them habitually pursue ? When the public welfare is at stake on one side,;nd the fate of a notorious malefactor on the other, are gentlemen of the bar such privi- leged characters, as to be at liberty to take ground, plead, and man