_rectum recte, legitimum legitime faciendum_; we must not only propose a
good end in our conduct, but must attain it by that method which equity
directs, and the law prescribes.

How well, my lords, the law has been observed hitherto, on this
occasion, I cannot but propose that your lordships should consider. It
is well known, that the commons cannot claim a right to administer an
oath, and therefore can only examine witnesses by simple
interrogatories. That they cannot confer upon a committee the power
which they have not themselves, is indubitably certain; and therefore it
is evident, that they have exceeded their privileges, and proceeded in
their inquiry by methods which the laws of this nation will not support.

That they cannot, my lords, in their own right administer an oath, they
apparently confess, by the practice of calling in, on that occasion, a
justice of the peace, who, as soon as he has performed his office, is
expected to retire. This, my lords, is an evident elusion; for it is
always intended, that he who gives an oath, gives it in consequence of
his right to take the examination; but in this case the witness takes an
oath, _coram non judice_, before a magistrate that has no power to
interrogate him, and is interrogated by those who have no right to
require his oath.

Such, my lords, is my opinion of the conduct of the committee of the
house of commons, of whom I cannot but conclude that they have assumed a
right which the constitution of our government confers only on your
lordships, as a house of senate, a court of judicature; and therefore
cannot think it prudent to confirm their proceedings by an approbation
of this bill.