602 | To Michael Francklin

    Boston March 24 1768


    Upon the Receipt of your Letter of febry: 29.1 I communicated it with its Inclosure to the cheif Justice of this Province & desired him to enable me to answer it effectually. This he engaged to do: but as the Superior Court was then setting, I could not expect it ’till the Business was over. I have now received it & enclose it together with the Papers it refers to & suppose that it will remove the Difficulties your cheif Justice lies under.

    I must observe that Writs of Assistance were first granted in this Province by Cheif Justice Sewell many Years ago.2 Upon cheif Justice Hutchinson coming to the Bench, there was a formal Opposition to the Renewing them after the Demise of the late King, which was prosecuted with such Earnestness, that the hearing lasted 3 Days successively. The Court was unanimous for ^in^ the Opinion for granting them as the Laws then stood.3

    It is not improbable but that, [as?]4 there is now a Commission of Customs in America, the Form of the Writ may be alterd so as to be made more conformable to that used in England. But no Steps have been taken towards this as yet.

    I am &c

    The hon Lt Govr Franklin5

    L, LbC     BP, 5: 260-261.

    In handwriting of Thomas Bernard. Enclosure from TH not found.