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George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 4, 15th edition., Chapter 18: (search)
rinciples of law. Nor could the authority of an express statute sanction the enforcement of Acts of Trade by general writs of assistance. No act of parliament, such were his memorable words, can establish such a writ; even though made in the very language of the petition, it would be a nullity. . . . An act of parliament against the constitution is void. Authorities to be relied on for this speech of Otis are the contemporary ones: 1. The minutes taken down at the time, and inserted in Minot, and now published more correctly in the appendix to the Diary of John Adams, 523, 524: 2. Various incidental allusions in letters of Bernard; 3. Letters of Hutchinson; and 4. The History of Hutchinson, of which the plan was formed as early, at least, as in 1762. All agree, particularly the letters of hutchinson, that this argument by Otis was the origin of the party of revolution in Massachusetts. The account of the speech, which I give in the text, goes to that extent, and includes th