“A legislature is always badly set to work in manufacturing crime. To risk money in a wager is not a crime per se, whether the wager be on the result of a race, on the fate of a lottery ticket, on the turn of a dicebox, or on any other like contingency. It is folly, perhaps, in all cases, and it becomes crime and madness in some; but to draw the line between allowable folly and criminality, in a matter of this kind, is rather the office of publick opinion, than of the law.”
William Leggett, in an editorial in the Plaindealer, January 28, 1837, republished in A Collection of the Political Writings of William Leggett (1840), and titled “Gambling Laws.”