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ing as I ever knew in seven years' experience as sheriff of that county."

Sir, it is not unnatural that an arrest made under such circumstances should have attracted attention in that town and throughout Massachusetts. It did so. It has excited a feeling of indignation against this attempt, increased, perhaps, when people put the question, "Why all this effort to seize Mr. Sanborn? Why this overthrow of law to accomplish such a purpose?"

It is notorious that there is a citizen of Virginia, formerly chief magistrate of that State, who has openly avowed that he knew much in regard to the very matters in inquiry before that committee, and that rubies could not bribe him to disclose it. He has thrown the challenge down to that committee and this Senate, before the whole country, refusing openly to testify; and yet that committee make no motion to bring ExGovernor Wise before the Senate, and compel him to testify. Instead, the committee seeks a Northern man, Mr. Hyatt, now in jail, and another Northern man, Mr. Sanborn, who it is well understood know nothing of the matter; and it follows up Mr. Sanborn by an attempt which I characterize here as simply an act of kidnapping.

Mr. Mason, in reply, insisted, at some length, that Mr. Sumner could have no information on the action of the committee, which had not yet reported. To this Mr. Sumner rejoined :

Mr. President, I profess to have no information except what is open to all the world; and there are two things open to all the world, through the public press: first, that the Ex-Governor of Virginia has more tha once declared that he had important information in

reference to the matter before the committee, and that rubies would not tempt him to disclose it; and, secondly, it is known that the Ex-Governor of Virginia has not been brought to Washington, as Mr. Hyatt has been, and as an attempt has been made to bring Mr. Sanborn. No kidnappers have been sent into Virginia, nor handcuffs put upon Ex-Governor Wise.

April 16, 1860, Mr. Mason presented to the Senate the warrant for the arrest of Mr. Sanborn, with the return of the Deputy Marshal of Massachusetts to whom it was addressed, and moved its reference to the Committee on the Judiciary, with instructions to inquire and report whether any, and what, further proceedings were necessary to vindicate the authority of the Senate and to effect the arrest of the witnesses. This motion was agreed to. Mr. Sumner then moved that the memorial of Mr. Sanborn, with the additional papers, be taken from the table and referred to the same committee. Here Mr. Mason promptly interposed the very unusual motion that the memorial be rejected. The Chair decided that the motion "to reject" could not take precedence, and therefore the motion to refer was first in order. Then it was that Mr. Sumner spoke as follows.

Mr. President, I think that I ought not to listen to such a proposition as has been made by the Senator from Virginia with reference to this memorial, without one word in reply. Here is a memorial from a gentleman of perfect respectability, charged with no crime, presumed to be innocent, complaining of gross outrage at the hands of certain persons pretending to act in the name of the Senate. The facts are duly set forth. They are authenticated also by documents now of record. The Senator moves without any reference to a committee, without giving the petition the decency of a hearing, according to the ordinary forms of this bodythat the memorial be "rejected"; and he makes this unaccustomed motion with a view to establish a prece

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dent in such a case. I feel it my duty to establish a precedent also in this case, by entering an open, unequivocal protest against such attempt. Sir, an ancient poet said of a judge in hell, that he punished first and heard afterwards,-" castigatque auditque"; and, permit me to say, the Senator from Virginia, on this occasion, takes a precedent from that court.

To this protest Mr. Mason replied: "The Senator from Massachusetts, it seems to me, makes an opportunity to use language in the Senate Chamber which, so far as my intercourse with the world goes, is not usual out of the Senate Chamber. There is nothing in it that I have a right to take as personally offensive to myself. The Senate is the proper judge and arbiter of the decorum of its own proceedings."

Then ensued a debate on the return, in which Mr. Bayard, of Delaware, and Mr. Trumbull, of Illinois, took part, when Mr. Sumner, at last obtaining the floor, remarked as follows.

Only one word. I presented a memorial to this body, setting forth an outrage. The Senator from Virginia moved its rejection, while he proposed that the case should be proceeded with. I characterized that motion as I thought I was authorized to do, referring to a precedent of antiquity, and that was all; and this is the occasion for a lecture from the Senator on the manner in which one should conduct on this floor. From the heights of his self-confidence he addresses. me. Sir, I wish to say simply, in reply, that, when an outrage comes before this body, I shall denounce it in plain terms; and if a precedent from a very bad place seems to be in point, I shall not hesitate to quote it.

Mr. Mason rejoined: "I did not undertake to lecture the Senator, of all others, upon the subject of manners or propriety. I do not mean it offensively, but, for my own convenience, I should consider it time thrown away. All that I said was, that I was not accustomed, in my intercourse with the world outside of this Chamber, to hear language of that sort in the circles in which I move."

April 17, 1860, the memorial of Mr. Sanborn was referred to the Judiciary Committee, according to the motion of Mr. Sumner.

June 7, Mr. Bayard, of Delaware, from the Committee on the Judiciary, to whom was referred the return of the Deputy-Marshal and the other papers, reported a "Bill concerning the Sergeant-atArms of the Senate and the Sergeant-at-Arms of the House of Representatives," authorizing the appointment of deputies. This was intended to meet the decision of Chief Justice Shaw, of Massachusetts.1

June 15, Mr. Bayard moved to proceed with the consideration of his bill. The motion was not agreed to, there being, on a division, ayes 22, noes 25. This was the end of that bill.

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This incident was much noticed by the Northern press, especially in Massachusetts. The Boston Atlas and Bee expressed itself thus :

"In our opinion the people of the Free States are never better "atisfied with their representatives than when they see them repelling indignantly and manfully the arrogant insults of the slave-driving aristocracy. It will not diminish their attachment to Mr. Sumner, when they take notice that his rebuke of Mr. Mason was not in reply to any insult upon himself, but upon one of his outraged and abused constituents."

1 Sanborn v. Carleton, 15 Gray, 399.

PETITIONS AGAINST SLAVERY.

SPEECH IN THE SENATE, APRIL 18. 1860.

THE treatment of these petitions illustrates the tyranny of the Slave Power to the very eve of its fall. Such an incident is not without historic significance.

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R. PRESIDENT,-I present the petition of Henry Elwell, Jr., and four hundred and fifty-five others, of Manchester, in Massachusetts, earnestly petitioning Congress to repeal the Fugitive Slave Act of 1850, — to abolish Slavery in the District of Columbia, and in the United States Territories, to prohibit the inter-State slave-trade, and to pass a resolution pledging Congress against the admission of any Slave State into the Union, the acquisition of any Slave Territory, and the employment of any slaves by any agent, contractor, officer, or department of the National Government; also, a like petition of Alvan Howes and fifty-five others, of Barnstable, Massachusetts; also, a like petition of John Clement and one hundred and nineteen others, of Townsend, Massachusetts; also, a like petition of Samuel L. Rockwood and seventy-three others, of Weymouth, Massachusetts; also, a like petition of J. H. Browne and sixty-four others, of Sudbury, Massachusetts; also, a like petition of Daniel Hosmer and ninety-eight others, of Sterling, Massachusetts; also, a like petition of Al

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