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Browsing: Legal Papers of John Adams, Volume 2

This foot note contained in document ADMS-05-02-02-0006-0002-0001
29. The Townshend Act, 7 Geo. 3, c. 46, §10 (1767), provided that, doubts having arisen about the legality of the use of writs of assistance in the colonies through the failure of the Act of 7 & 8 Will. 3, c. 22, to authorize any particular court to issue them, “such writs of assistance . . . shall and may be granted by the said superior or supreme court of justice having jurisdiction within such colony or plantation respectively.” The doubts had been expressed in a series of opinions of the Attorney General in England, which did not squarely face the question presented by the Exchequer jurisdiction of the Massachusetts superior court. See Wolkins, “Malcom and Writs of Assistance,” 58 MHS, Procs. 5 (1924–1925); Frese, “Otis and Writs of Assistance,” 30 NEQ 496, 503–505. Compare Opinion of Attorney General DeGrey, 20 Aug. 1768, Quincy, Reports (Appendix) 452–454.