This prohibition and permission of presents, with this declaration of
property in the Company, would leave no property to any man in India.
If, however, it should be thought that this clause in the act[45] should
be capable, by construction and retrospect, of so legalizing and thus
appropriating these presents, (which your Committee conceive
impossible,) it is absolutely necessary that it should be very fully
explained.
The provision in the act was made in favor of the natives. If such
construction prevails, the provision made as their screen from
oppression will become the means of increasing and aggravating it
without bounds and beyond remedy. If presents, which when they are given
were unlawful, can afterwards be legalized by an application of them to
the Company's service, no sufferer can even resort to a remedial process
at law for his own relief. The moment he attempts to sue, the money may
be paid into the Company's treasury; it is then lawfully taken, and the
party is non-suited.
The Company itself must suffer extremely in the whole order and
regularity of their public accounts, if the idea upon which Mr.
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