Theophilus Parsons," a leading supporter of the Constitution
of the United States in the convention of 1788 by which Massachusetts ratified the Constitution, appointed by President Adams in 1801 Attorney General of the United States, but declining that office, and becoming Chief Justice of Massachusetts in 1806," said: " The people themselves have it in their power effectually to resist usurpation, without being driven to an appeal to arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his fellow citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him: and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation." 2 Elliot's
Debates, 94; 2 Bancroft's History of the Constitution, 267. Quoted in Sparf and Hansen v. U.S., 156 U.S. 51 (1895), Dissenting Opinion, Gray, Shiras.
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