Judge Hoar and he sat down together and prepared a pamphlet, the Judge furnishing all the legal argument and Mr.Palfrey the rest, clothing it all in his inimitable style.

It was published under Dr.
Palfrey's name.

Judge Hoar, being then upon the bench, did not think it becoming to take any more public action in the matter, although he made his opinion known to all persons who cared to know it.

Charles Francis Adams and Marcus Morton also made powerful arguments on the same side.

My father, Samuel Hoar, also made several speeches against the Constitution.
At this defection of so many Free Soilers the Whig leaders took heart and made a vigorous and successful resistance.
The result was that the people voted down the whole constitution.
Several of the most eminent leaders of the Free Soilers and Democrats separated themselves from their party and joined the Whigs in defeating it.