A Caution to the Directors of the East-India Company: With Regard to Their Making the Midsummer Dividend of Five Per Cent. Without Due Attention to a Late Act of Parliament, and a By-law of Their OwnAnonymous
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A Caution to the Directors of the East-India Company: With Regard to Their Making the Midsummer Dividend of Five Per Cent. Without Due Attention to a Late Act of Parliament, and a By-law of Their Own
Anonymous
East India Company -- Early works to 1800
Yet I will suppose, for the present, you still think that the
legislature had no such intention of retraining the present dividend of
10l. _per cent._ and inserted the 24th of June, instead of the 5th of
July, imagining the dividend became payable on the former, instead of
the latter of those days; would you, Gentlemen, in such a case, take
upon yourselves to divide contrary to the express words of an act of
parliament? And would you justify this disobedience to the law, by
imputing a blunder to the only body upon earth in which we can allow
infallibility? It will not surely give offence, if I presume you may be
mistaken in your construction of the act, while you fix the charge, of
saying one thing, and meaning another, upon the king, lords, and commons
of this realm; and should your judgment not be infallible, and in your
construction of this law, the mistake should be on your side, ignorance
will be but a poor plea for the breach of an act, which you arraigned
upon the same principle. If the law maxim, _ignorantia legis neminem
excusat_ is ever to be justified upon the principle of humanity, it will
be in this case, where it interprets the law, contrary to the express
and obvious meaning of it.
If, for the sake of argument, we admit that the legislature may have
committed this blunder, do you allow it to be consistent, with the rules
of true policy, to let those who are the objects of a law, become the
interpreters, much more the correctors of it? Suppose a law should prove
hurtful to society; let us suppose, if such a case can be supposed, it
would break in upon the security of life, liberty, and property, which
it is the sole object of law to support? No power in this kingdom, can
alter such a law, but that which made it; and the judges, who are the
interpreters of the law, are bound to determine all cases which come
under that law, according to the plain and obvious construction of it.
They cannot correct; their province is, to tell what the law is, not
what it should be. Will you assume a power to yourselves, not granted to
the king's judges? Will you, Gentlemen, presume to interpret, that the
legislature should have said the 5th of July, instead of the 24th of
June; and determine, that the dividend shall be made which stands
restrained by the express words of that law?
If you will correct the law, why will you not do it with as little
violence as possible? Why will you not alter 1767, and say it should be
1768? In that case, the law would not take place this twelve month,
there would be no doubt about your dividends, in the mean time, and this
will be but the alteration of a single figure, while what you contend
for, changes words as well as figures.
Public-domain text, read in full here on John Shaqi.
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