New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-22

states bis views Of the subject now at issue In
the Courts with so much force and clearness,
that though written solely for the managers of
the Institution, they deer- the opinion highly
suitable TO be laid before the public a, large.
NEwYoRK. March IL, 1854.
\. " CozzEss Esq President of the A merican An
Union:
Ills Honor. The Recorder, having recently. in the
Court OF Sessions, expressed the opInios that the
ortsh,zsuen OF HE Art Union IS Illegal feel
called upon 20 withdraw from the Comnlttee %
Management. When public magistrate has judi
ciaily expiessed such opinion. eel that Il would
De improper for me. public magistrate and
ofnclo Juoge OF the Court In which that opinion
expressed TO take any further part In the man.
ssenenf Of an Institution thus declared to Do IN
lawful.
In rendering my resign alton, no wever, do no.
wish no be UNDERSTOOD that at ali concur in that
part OF the opinion OF his Honor the Recorder, in
which ne pronounces the mode of distribution
adopted by the Art Union to be illegal, and will
very Drlery state the grounds upon which in nv
opinion, il is perfectly lawful The que sior involves
the consideration OF tso propositions first whether
the Lefisiatsfe has authorized such mode; and If
they have then, whether they had the 20 ~srto
INK II Is manifest that the au hoFity Is express
ly conferred. The act OF 1874 declares. that the
annual distribution, provided for IN the Constitution.
shall take place upon day certain which is namsd.
This clause. the Recorder declares, Is void for an
certainty He has not said in what respect 1t Is so,
but II 10 be presumed that he that 1t is be-
cause II Goes not specify the manner IN which the
distribution is to be made. Nov, IL is-a familiar
rule, that when a statute refers in this way TO
an existing provision, that the provision re-
ferred 20, or so much of 1t as may be No.
cessaiy 10 the full understanding of the statute,
be, omea as much part OF the If /. had bsen
rected enacted In so many words. and IL may al
ways &c established by exIinsic proof for the plr-
pose Of showing what the Legislature intended and
meant When this amencatery act OF 1874 was
passed, the Art Union Was acting under Constitution
adj rtedu nm "a a
that Instrument had provided for the mode Ia which
works OF eTt should be distributed annually, which 10
the mode at present in use. When the Legislature,
there fore, authorized annual distribution, dxag
tie day thereof and described defined TO be the
prorided for an the then existing Constitution,
think that 1t will not admit Of doubt tina, they Goa
tnplated that II should take place IN the m amer
provided for, and distinctly conferred an authority
TO that effect.
Upon the second point: l think |. is perfectly clear
that the Legislature had the power 10 CON er such An
authority and that the provision In the Constitution OF
This State, prohibiting the passage OF awsauooTzins
lotteries has application TO the creation Of such
Institution tie Art Union The limits Of this letter
will no, into tais sub ect ach alensth.
When the Constitution Of 1921 declared that no Lot
teIy should thereafter be authorized in this State, it
re'eIed to thing than existing well known and
specially authorized and regulated BY law. These
lotteries, The existence of which dates back to
period as remote as the days OF the Romans, which
have existed in nearly every civilized county and
stil exist in OF the States OF this Union,
believed 10 be injurious to public morals-to difuse
among the people spirit OF speculation, the effect
of which as 10 draw them of from the regular pur-
suit OF industry and to place their dependence for the
acquisition Of wealth, or Of a competency not
upon their own LABOR and effort, but upon tho
uncertain evolutions OF chance. That their natural
tendency IN fact was to lead men 10 squandsr their
ubstaI ce In the delusve anticipation of acquiring
sudoen and enormous wealth, which, IN the great
msjorily of instances, could but end IN disapDont
meIt. poverty ruin. The frauds practiced oy the
81 m n
country to subject them to public regulation and In
many countries they were. and are STILL carried on
They were placed under the control Of managers,
appointed by the State, who were allowed Is per
cent. upon the sum raised The prce of tickets
was regulated by certain scheme. The prizes
were paid under the warrant Of the Controller and
the net proceeds or profits were applied BY the
State to various purposes Butthoush their manage
ment by the State prevented frauds the evil to tue
community remained. The temptation was still held
out TO the people to sQutnder their substance In
the celusive hope OF acquiring wealth 1t was in
fact system Of gambling. regulated By iaw, no wise
different in its effect in upon individuals tn N the
stalking OF a sum Of money or property upon the
hazard Of card III the nightly hell or gaming house
II at this pernicious system that the consttu.
tional prohibition was aimed TO prevent the state
from legaizing this mode Of adventur-
ing for wealth-fr0m giving tins sanction aud
authority OF Law 10 practice that ensrahed
upon individuals ore OF tne most destructive and
ircurabe OF vices. Very different from these lotter
both In its obec. and in It's effect, 10 such an IN
stliution as the Ar Union. IL holds cut no such
temptation and is productive Of no such results Ii
offers in its orgsnization In ITS object aid IN iH
fleets lottery ia fups raised by individuals or
by the State the parties raising 10 beng the propfi-
etors, which Is divided into a certain number OF
prizes. usually OF unequal proportions Tickets are
then issued al col tam pace, the whole amount or
value Of which 10 equal to or, as IN mlst OF the
schemss, exceeds the original fund or capital. The
purchasers Of these tic.ets simply purchase the
o e ss,yes from "a. .s Of cs
cts over and above the original fund. go to the
propiietors or projectors or where the tickets are
equal to the fund, they derive their prons oy per
centaee on the prizes or by specuatlng IN The nck-
cts Now uncer whatever form, IN OBLIGATION or
re gulation 1t is organized, this is essentially a
LOTTERY and It il something very different from
the AIT Union The desisn OF the AN Union
is not to induce individuals to hazard SUNS Of
money in the mere hope OF pecuniary gain,
Dor 10 its effect, hte lottery to encourage that
propensity to gaming, which Is bounded by no
object n 20 promote the Fine Arrs In the United
States 10 dfuae among the people taste for those
arts 10 beget a love for the beautiful TO afford
that pure and elevated enjoyment, to which ART
ministers in the reproduction Of beautiful objects,
IN the delipeat0n OF natural scenery; In repre-
seutips historical events, incidents and pesOnagss
IN tmboc Wig national, religious moral and poeucai
sentiments or ideas In suggestive or ypicai forms
or In Dortrsylng social lfe and manners Its
tesisn il 10 lead TO the creation and produc-
ton of such works by American artists. In
word 70 create IN our republican land, through the
combined action OF the masses distinct and NATION.
~ school of art which shall reflect the genius OF our
teople their civilization, and their progress. which
tchcols have in other coupnies been mainly In
{ ebted for their development TO the patronage oil
urinces or to the influence OF the noble and the
erest To accomplish this purpose II raises BY the
n oc crate contributions OF the many those large
Gums of money necessary TO compensate artists for
the time and labor bests we'd upon meri.orlous
woyi, which in older counties are drawn from the
trlvae fortunes OF individuals, but which here from
he more equal distribution Of wealth, or from
ths s,snosition of its possessors, IL but rarely
applied 70 such a purpose. Bls this u NOT the only
rurpose to which the sum contributed by each SUB
sc,Iper OF the Arr UIion 10 appropriated II Is de-
voted to many objects to the execution oil sxeen.
sIse and valuable eDgraynss; the MAINTAINING OF
free gallery for the grat,6caiion and Improvement
of the public taste the issue OF periodical publ
cations for the diffusion Of Information upon SUD
jecfs connected with the Fine Arts, as well a. lac
rnrchase Of works OF art for annual disnioauoa
,uoIg the members by lot Judged, therefofe. oy
is oblec. or by lis effects this is not ios.eFy, ana
Inc circumstance that portion OF the JOINT proper
~ IL distributed a. the end Of the year oy TO-, 70
"a