The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1876-07-26
LOCALIZED GAMBLING.

through the mall The debate in the Senate is one
which deserves to be read and we furnish it below.
LOTTERY CIRCULARS AND THE MAILS.
Mr.. Hamlin-As 1 probably shall be ne
cessarily absent from the Senate most of the
day, l ask to be INDUCED in calling up at
this time House bill No. 2,575. 1t will con-
sumo but very little time, l think. l move
that it be taken up.
The motion was agreed to; and the Senate
as in Committee of the Whole, proceeded to
consider the bill (H. R. No. 2,575) to amend
sections 1898 and 1894 of the Revised
Statutes providing penalty for mailing OBJ
scene books and other matters therein con-
tanned, and prohibiting lottery circulars pass
ing through the mails.
Mr.. WhWe-I feel that this bill is going
to do injustice in certain quarters of this
country, though have not seen it till mo-
ment ago. propose to strike out the Sec
ond section. I have not seen it more than
five minutes, and therefore am not prepared
to state to the Senate as fully as | should
like to do the reason why that section ought
to be stricken out.
There is no objection to the first section
so far as l know. The second section is OBJ
iectionable for the reason which shall state.
Section S94 of the Revised Statutes pro-
vides-" No letter or circular concerning il
legal lotteries, so.called gift concerts, or
other similar enterprises" ETC., shall pass
through the mails.
The section goes step further, and strikes
out the word "illegal," so that in Louisiana,
in Missouri, in Kentucky, where lotteries
are legalized, no circular can be mailed at
Louisville for Frankfort, for instance. Ger
tainly the Senate does not mean to decide
that the citizens of State where lotteries
are legal have no right to send lottery
scheme or circular from one portion of the
State to another, That seems to me to be
interfering with the rights of the people of
the State where they choose to think that
the sale of lottery tickets is not criminal or
improper. In many States great change
has come over the minds of citizens of the
States. In my own State for many years
lotteries were authorized. We have built
monuments, we have raised moneys for va
rious public institutions. and 80 in Kentucky,
in other States-by means of lotteries; but
lotteries are not now tolerated in my State,
nor are lottery tickets permitted to be sold
in the State. Therefore, as far as Maryland
is concerned, this would have no application
whatever; but in States like Louisiana, Ken
lucky, Alabama, or Georgia, and Virginia,
where / think they are permitted to draw
lotteries of some character, it would be high
ly improper in my judgment to allow the
postmasters to prevent the circulation of lot
tery circulars while those States allow lotte-
ries. The provision of the law as it now
stands operates upon ''illegal lotteries" only,
upon lotteries that are unauthorized by law,
and I submit to the Senate that the law
should stand as it now stands, so far as this
second section is concerned. The question,
if romombor oorreotly, ~oAnao-sp- -ia 1850,
and if had time / probably could find the
opinion of the Attorney General of the
United States on the subject.
The President pro tempore-The question
is on the motion of the Senator from Mary.
land (Mr. Whyte) to strike out the second
section of the bill.
Mr.. Hamlin-A very few words 10 reply
to what has fallen from the Senator from
Maryland.
The Senator has stated precisely what the
second section means: All lotteries are re-
garded, when legalized, as legalized gam
bling; and in that view the Committee or
Post Offices and Post-Roads, with the con.
currence of the Department, deem it wise
and Just and for the best interests of the
country to strike out the word "illegal,
and to prohibit the transmission through tht
mails of any matter relating to lotteries.
That is precisely what we mean. The diff
Guilty which the Department labors under
is in determining what are and what are no
legal lotteries. A great many schemes arr
gotten up, some in the Territories, some o.
them in operation to-day apparently with tn
forms of law, but yet of doubtful legal force
and they are transmitting their matte
through the mails, and the whole thinl
proves to be fraud upon the community
and the question arises whether it is no
wiser and better to treat all lotteries, wheth
er legal or illegal, as precisely the same, o
as system of gambling which wise cours
of legislation will not only justify but de
mand at our hands shall be stopped. Tha
is the whole question, and ] have no NOR
to say about it,
Mr.. West-I believe that Senator nigh
oppose the proposition now reported from tn
Committee on Post. Offices and Post-Road
without being classed as in favor of the pei
nicious system of lotteries that prevail
through various States. The simple propc
, stion that we have here for action by th
Senate is that if any State chooses to lega
ize lottery the United States will not len
the machinery of the Post Office to carry 0
such business. If we once adopt that po
icy and embark upon it, there is no en-
| whatever to the jurisdiction of the Congrei
t of the United States over the morals of II
people in their State enactmentS. We hay
such law in our State. l must confe
that always was, and still am, opposed
it. 1 contend, however, that it is not in th
9 power of the Congress of the United State
! to resist carrying through the mails of an
such papers. Where public morals are Col
cerned, according to the first clause of th
!, bill, it is very different question, becau'
no State legislates for the transmission
obscene publications or immoral publication
but if State chooses to authorize and lega
q ize lottery, call it gambling if you pleas
t and gambling it is, that is matter entirel
D for the consideration of that State, and
/: does not offend public morals to that extel
b that those things do to which the other pr
4 visions of the bill apply. I say, for on
that Congress has no right to prevent IL
h carriage through the mail of such matters
Q are legalized by the States themselves; ar
on this proposition shall ask for the ye'
| e. L