"The question that now seems to remain is, is the matter of gambling, or, of lotteries, a matter that the Government of Great Britain would consider to pertain (to the public health, and) to the public morals of the English people?—If so, then having the power in its hands, yielded to it in China, the government of Great Britain could not surrender the government of the English people to the State of China, as touching this matter.
"Does gambling, do lotteries. affect the public moral:
"Keeping a gaming house was an offence at common law, and indictable.
"Tt is at common law not indictable for persons to engage in gaming in, private. or to conduct a single game of chance in a public place. But when gaming is there publicly known to be carried on, however secluded the place may be. and when unwary and inexperienced persons are there enticed and fleeced, then the parties concerned are indictable for nuisance, irrespective of any particular statutes. And a public faro table when so Operating is per se, a nuisance. Nor ig it necessary that a house, to be public place, should be one exposed io all passers-by. It is enough if persons ordinarily applying are to be received. All concerned in keeping the house are principals.
"There are many authorities both ancient and modern which establish beyond controversy that keeping a common gaming-house was an in-dietable offence at commfen law.
Roscoe's Crim. Ev. 743; Rex v. Hig-gibson, 2 Barrows 1232; Rex v. Dixon, 10 Mod. 336; The King v. Rogier and Humphrey, 1 Barnw, and Cresw. 272.
"An indictment for keeping a common gaming house is good at common law.
"Of course the thing that made the gaming-house an indictable offence. was the gambling, not the house. Therefore, the essence of the crime of keeping the gaming-house. was the gambling.
"So far as is known, the crime of "Under the extraterritorial jurisdiction retained by Great Britain and conceded to her by China over her citizens in China, Great Britain cannot divest herself of the governmental duty under the police power, to care for the public morals of her citizens in China. And when Great Britain in the exercise of her police power under this duty of government has enacted that all lotteries are unlawful as to her citizens. China and ithe Municipality of Shanghai cannot in any way nullify this Act of Great [Britain made for the right protection pt the public morality of her citizens lin China.
"It need not be assumed that either hina or the Mmicipality of Shanglini has had any intent to antagonize the laws of Great Britain enacted for the lottery, may have been so named by statute. But the essence of the crime of the lottery. is the gaming or gambling that also formed the essence of the crime of keeping the gaming-house. The essence of the crime of the lottery, therefore, is the same as that that formed the crime of keeping the gaming-house under the common law.
Text read from the printed page and cleaned; old type leaves the occasional error.