plaintiffs' counsel wholly failed to agree among themselves as to the
consequences that might reasonably be expected to result from recognition
of their clients' so-called rights. Northern and Eastern advocates,
representing districts in which schools and colleges abounded, insisted
that perpetuity and universality of privilege must result in giving the
defendants cheaper books. Southern counsel, on the contrary, representing
districts in which schools were rare, and students few in number, insisted
that extension of privilege would have the effect of giving to planters
handsome editions of the works they needed, while preventing the
publication of "cheap and nasty" editions, fitted for the "mudsills" of
Northern States. Failing thus to agree among themselves they failed to
convince the jury, mainly representing, as it did, the Centre and the
West, as a consequence of which, verdicts favorable to the defendants had,
on each and every occasion, been rendered.

A thoroughly adverse popular will having thus been manifested, it was now
determined to try the Senate, and here the chances for privilege were
better. With a population little greater than that of Pennsylvania, the
New England States had six times the Senatorial representation. With
readers not a fifth as numerous as were those of Ohio, Carolina, Florida,
and Georgia had thrice the number of Senators. By combining these
heterogeneous elements the will of the people--so frequently and
decidedly expressed--might, it was thought, be set aside. To that end,
the Secretary of State, himself one of the plaintiffs, had negotiated the
treaty then before the Senate, of the terms of which the defendants had
been kept in utter ignorance, and by means of which the principle of
taxation without representation was now to be established.

Such was the state of affairs at the date at which, in compliance with the
request of a Pennsylvania Senator, the author of these letters put on