ntended donation. Agreeable to the positive sense
of this clause, notwithstanding it is expressed individually, there is
not a doubt but the army is included with all other persons in the
prohibition from receiving presents or donations; a confirmation of
which is, that in the clause of exceptions, wherein 'counsellors-at-law,
physicians, surgeons, and chaplains are permitted to receive the fees
annexed to their profession,' no mention whatever is made of any
latitude given to the army, or any circumstances wherein it would be
allowable for them to receive presents.... This unlucky discovery of an
exclusion by act of Parliament, which admits of no abatement or evasion
wherever its authority extends, renders a revisal of our proceedings
necessary, and leaves no option to our decision. It is not like the
ordinances of the Court of Directors, where a favorable construction may
be put, and some room is left for the interposition of the authority
vested in ourselves,--but positive and decisive, admitting neither of
refinement nor misconstruction. I should be happy, if in this instance a
method could be devised of setting the act aside, which I should most
willingly embrace; but, in my opinion, an opposition would be to incur
the penalty."

* * * * *

Your Lordships see, Mr. Hastings considered this act to be a most
unlucky discovery: indeed, as long as it remained in force, it would
have been unlucky for him, because it would have destroyed one of the
principal sources of his illegal profits. Why does he consider it
unlucky? Because it admits of no reservation, no exception, no
refinement whatever, but is clear, positive, decisive. Now in what case
was it that Mr. Hastings made this determination? In the case of a
donation publicly offered to an army serving in the field by a prince
then independent of the Company. If ever there was a circumstance in
which any refinement, any favorable construction of the act could be
used, it was in favor of a body of men serving in the field, fighting
for their country, spilling their blood for it, suffering all the
inconveniences of that climate. It was undoubtedly voluntarily offered
to them by the party, in the height of victory, and enriched by the
plunder of whole provinces. I believe your Lordships will agree with me,
that, if any relaxation, any evasion, of an act of Parliament could be
allowed, if the intention of the legislature could for a moment b