This is the second and the last time, I believe, that the word "assistance" is employed in any of these statutes. But the words "writs of assistance" were no where to be found; in no statute, no law book, no volume of entries; neither in Rastall, Coke, or Fitzherbert, nor even in Instructor Clericalis, or Burns's Justice. Where, then, was it to be found? No where, but in the imagination or invention of Boston custom house officers, royal governors, West India planters, or naval commanders.
It was indeed a farce. The crown, by its agents, accumulated construction upon construction, and inference upon inference, as the giants heaped Pelion upon Ossa. I hope it is not impious or profane to compare Otis to Ovid's jupiter. But "misso fulmine perfregit Olympum, et excussit Subjecto Pelio Ossam." He dashed this whole building to pieces, and scattered the pulverized atoms to the four winds; and no judge, lawyer, or crown officer dared to say, why do you so? They were all reduced to total silence.
In plain English, by cool, patient comparison of phraseology of these statutes, their several provisions, the dates of their enactments, the privileges of our charters, the merits of the colonists, &c. he shewed the pretensions to introduce the revenue acts, and these arbitrary and mechanical writs of assistance, as an instrument for the execution of them to be so irrational; by his wit he represented the attempt as so ludicrous and ridiculous; and by his dignified reprobation of an impudent attempt to impose on the people of America; he raised such a storm of indignation, that even Hutchinson, who had been appointed on purpose to sanction this writ, dared not utter a word in its favour; and Mr. Gridley himself seemed to me to exult inwardly at the glory and triumph of his pupil.
This, I am sure, must be enough, at this time, and from this text to fatigue you, as it is more than enough to satisfy your most obedient, &c.
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, August 11, 1818.
DEAR SIR,
THE "Defence of the New England charters by Jer. Dummer," is, both for style and matter, one of our most classical American productions. "The feelings, the manners and principles which produced the revolution," appear in as vast abundance in this work, as in any, that I have read. This beautiful composition ought to be reprinted and read by every American who has learned to read. In pages 30 and 31, this statute of 7th and 8th of king William, ch. 22. sec. 9th, is quoted, "All laws, by-laws, usages or customs, at this time, or which hereafter shall be in practice, or endeavoured or pretended to be in force or practice in any of the plantations, which are in any wise repugnant to this present act, or any other law hereafter to be made in this kingdom, so far as such law shall relate to and mention the plantations, are illegal, null and void to all intents and purposes whatsoever." This passage Mr. Otis quoted, with a very handsome eulogium of the author and his book. He quoted it for the sake of the rule established in it by parliament itself for the construction of its own statutes. And he contended that by this rule there could be no pretence for extending writs of assistance to this country. He also alluded to many other passages in this work, very applicable to his purpose, which any man who reads it must perceive, but which I have not time to transcribe.