The old board of trustees had already paid
much attention to public opinion. The press was largely Federalist, and,
under the pressure of what was made a party question, they had espoused
warmly the cause of the college. Letters and essays had appeared, and
pamphlets had been circulated, together with the arguments of the counsel
at Exeter. This work was pushed with increased eagerness after the argument
at Washington, and the object now was to create about the three doubtful
judges an atmosphere of public opinion which should imperceptibly bring
them over to the college. Johnson, Livingston, and Story were all men who
would have started at the barest suspicion of outside influence even in the
most legitimate form of argument, which was all that was ever thought of or
attempted. This made the task of the trustees very delicate and difficult
in developing a public sentiment which should sway the judges without their
being aware of it. The printed arguments of Mason, Smith, and Webster were
carefully sent to certain of the judges, but not to all. All documents of a
similar character found their way to the same quarters.
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