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 body--that the memorial be “rejected”; and he makes this unaccustomed motion with a view to establish a precedent 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.