"Thus, after four years of assiduous labor, fatigue, and difficulty, are we again set afloat by a new and most unexpected obstacle. Our hopes of success are now removed to a period still more distant than before, while our expenses are realized beyond all controversy." Great efforts were made to obtain trial in a second suit in Savannah the following May, and a number of witnesses were collected from various parts of the country, all to no purpose, for the judge failed to appear, and in the meantime, owing to the failure of the first suit, encroachments on the patent-right had multiplied prodigiously. In April, 1799, nearly a year later, and two years after their first legal rebuff, Miller writes as follows: "The prospect of making anything by ginning in this State is at an end. Surreptitious gins are erected in every part of the country, and the jurymen at Augusta have come to an understanding among themselves that they will never give a cause in our favor, let the merits of the case be as they may." The company would now have gladly relinquished the plan of making their own machines, and confined their operations to the sale of patent-rights; but few would buy the right to a machine which could be used with impunity without purchase, and those few usually gave notes instead of cash, which they afterward, to a great extent, avoided paying, either by obtaining a verdict from the juries declaring them void, or by contriving to postpone the collection till they were barred by the Statute of Limitations, a period of only four years. The agent of Miller & Whitney, who was despatched on a collecting tour through the State of Georgia, informed his employers that such obstacles were thrown in his way by one or the other of these causes that he was unable to collect money enough to pay his expenses. It was suggested that an application to the Legislature of South Carolina to purchase the patent-right for that State would be successful. Whitney accordingly repaired to Columbia, and the business was brought before the Legislature in December, 1801. An extract from a letter by Whitney at this time shows the nature of the contract thus made: "I have been at this place a little more than two weeks attending the Legislature. A few hours previous to their adjournment they voted to purchase for the State of South Carolina my patent-right to the machine for cleaning cotton at $50,000, of which sum $20,000 is to be paid in hand, and the remainder in three annual payments of $10,000 each." He adds: "We get but a song for it in comparison with the worth of the thing, but it is securing something. It will enable Miller & Whitney to pay their debts and divide something between them."