A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --FORTY-FOURTH DAY--SATURDAY, December 31, 1864.
Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
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Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
FORTY-FOURTH DAY--SATURDAY, December 31, 1864.
OPEN SESSION.
The Chair laid before the House a Senate bill (S. 151) "to provide for the canceling of four per cent bonds and certificates received in payment of taxes and other public dues;" which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Johnston moved to reconsider the vote by which the joint resolution "explanatory of the act approved January thirteenth, eighteen hundred and sixty-four, increasing the compensation of certain officers and employees of the Government," was passed.
Mr. Read called the question; which was ordered, and the motion to reconsider prevailed.
Mr. Johnston moved to reconsider the vote by which the joint resolution was ordered to be engrossed.
The motion prevailed.
Mr. Johnston submitted the following amendment to the joint resolution:
Strike out the word "and," before the word "bureaus," and "or," before "offices," and insert after the word "offices" the words "and posts and dependencies of these Departments;"
which was agreed to.
Mr. Holliday submitted the following amendment:
After the word "civil" insert the words "officers and;"
which was agreed to.
The question recurring on ordering the joint resolution to its engrossment,
Mr. Moore demanded the yeas and nays;
Which were ordered,
And recorded as follows, viz:
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Yeas ... 45
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Nays ... 13
Yeas: Akin, Anderson, Atkins, Baldwin, Barksdale, Batson, Baylor, Boyce, Branch, Eli M. Bruce, Horatio W. Bruce, Clark, Clopton, Cluskey, Colyar, Conrad, Cruikshank, De Jarnette, Dickinson, Dupré, Echols, Ewing, Farrow, Gholson, Hatcher, Herbert, Hilton, Holder, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, Miles, Moore, Orr, Perkins, Read, Sexton, Simpson, Snead, Villeré, and Wickham.
Nays: Bell, Chilton, Conrow, Garland, Hanly, Norton, Pugh, Shewmake, J. M. Smith, W. E. Smith, Vest, Wilkes, and Witherspoon.
So the joint resolution was ordered to be engrossed.
The joint resolution having been read a third time,
And the question recurring and being put,
Shall the joint resolution pass?
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Mr. J. M. Smith demanded the yeas and nays;
Which were ordered,
And recorded as follows, viz:
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Yeas ... 27
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Nays ... 30
Yeas: Akin, Atkins, Baldwin, Barksdale, Baylor, Boyce, Branch, Horatio W. Bruce, Clark, Cluskey, Conrad, Cruikshank, De Jarnette, Dupré, Gholson, Hatcher, Herbert, Holliday, Johnston, Lyon, Miles, Moore, Perkins, Read, Simpson, Snead, and Wickham.
Nays: Anderson, Batson, Bell, Chilton, Chrisman, Clopton, Conrow, Dickinson, Echols, Ewing, Farrow, Foster Garland, Gray, Hanly, Hilton, Holder, Lester, Machen, Murray, Norton, Pugh, Shewmake, J. M. Smith, W. E. Smith, Vest, Villeré, Welsh, Wilkes, and Witherspoon.
So the joint resolution was lost.
Mr. Echols moved to reconsider the vote just taken; which motion prevailed, and
On motion of Mr. Anderson, the joint resolution was recommitted to the Committee on the Judiciary.
The House resumed the consideration of the unfinished business, viz:
The bill "supplementary to an act to authorize the formation of new commands, to be composed of supernumerary officers who may resign to join such commands, and to limit and restrict the appointment of officers in certain cases, approved June fourteenth, eighteen hundred and sixty-four."
The amendment of Mr. Hilton was agreed to.
Mr. Holliday submitted the following amendment:
Add at the end of the bill the following, viz: "or that said officers may form themselves into new commands, under the provisions of law now in force relating to the organization of companies, battalions, and regiments."
Pending which,
The morning hour having expired,
Mr. Miles moved that the Calendar be postponed to enable the House to proceed with the pending business; which motion did not prevail.
Mr. Boyce moved that the Calendar be postponed to enable him to report from the Committee on Naval Affairs; which motion was lost.
The House resumed the consideration of the special order, viz:
The bill "to protect the Confederate States against frauds, and to provide remedies against officers and employees of the Government committing them."
By unanimous consent, the amendment of Mr. Herbert was withdrawn.
Mr. Orr submitted the following amendment:
At the end of section 8, strike out the words "as in cases of attachment;"
which was agreed to.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 153) appropriating, for the use of the Post-Office Department, certain moneys deposited by postmasters with the depositaries of the Government created under the act approved February 17, 1864; in which I am directed to ask the concurrence of this House.
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Mr. McCallum submitted the following amendment to the bill:
Strike out all after the enacting clause, which reads as follows, viz:
"That in all cases where officers or employees in the Quartermaster's or Commissary Departments shall have received public money for disbursement or shall have been concerned in making contracts for the Government or contracts for any property thereafter to be used for Government purposes, it shall be the duty of each person so employed or concerned, within three months after the passage of this act and every six months thereafter, east of the Mississippi River, and within five months west of the Mississippi River and every six months thereafter, to file an inventory or schedule in writing, on oath, to be administered by any officer authorized by the laws of the State where the schedule is prepared to administer oaths, of all the property, real, personal, and mixed, which he possessed in his own right at the time of his entry into the public service, and the value thereof. This inventory or schedule shall further contain a statement--
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"I. Of all property of every description which he may possess in his own right at the time of his making and verifying the same.
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"II. Of all property of every description purchased or possessed since his entry into the public service and sold or transferred by him.
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"III. Of all property of every description, including bills of exchange, promissory notes, stock, shares, mortgages, certificates of deposit, rights, and credits, the ownership of which has been changed and in which he has or may have had an interest since his entry into the public service.
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"IV. Of all property of every description and pecuniary interest acquired since his entry into the public service, and held in the name of his wife or any member of his family or held in the name of another for the use or benefit or in trust for himself, his wife, or any member of his family.
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"V. A description of all moneys, valuables, bills of exchange, promissory notes, certificates of deposit, shares in any company or bank, whether corporate or incorporate, acquired in whole or in part since his entry into the public service by himself or his wife, or any member of his family.
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"VI. A statement of the indebtedness of said officer or employee which has been paid or otherwise discharged since his entry into the public service, giving the names and residence of the creditors.
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"Sec. 2. The person making this schedule shall triplicate it--one to be filed with the Adjutant and Inspector General, one with the clerk of the district court of the Confederate States within the jurisdiction of which said officer or employee shall be located when this schedule is prepared, and one in the office of the clerk of the circuit court of the State where the officer or employee resided at the time of his entry into the public service. And if not filed with the Adjutant and Inspector General within five months after the passage of this act and regularly thereafter every six months, it shall be his duty to report the name of each delinquent to the Confederate States attorney for the district where the officer or employee may be or may last have been on duty; and the said attorney shall immediately cause the clerk of said court to issue a summons for said delinquent, returnable to the next term of said court, to compel the filing of said schedule, or in case of refusal or failure he shall be deemed guilty of contempt of court and fined and imprisoned at the discretion of the court; and in addition thereto he shall be liable to the action hereinafter provided for: Provided, That officers and their employees who, since their entry into the public service, have continuously served with troops in the field shall not be required to triplicate said schedule, but file one copy thereof at the time stated with the Adjutant and Inspector General, transmitting the same through the regular channel of communication.
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"Sec. 3. Should the schedule disclose an accumulation of property, real, personal, or mixed, beyond the natural increase thereof, the Adjutant and Inspector General and the clerk of the district court shall notify the Confederate States attorney for the district where the officer or employee making the schedule may be, and the district attorney shall cause a summons to be issued by the clerk of said district, returnable at the next term, to said officer or employee and his securities on his official bond, to show cause why further proceedings should not be ordered. And should said accumulation be not satisfactorily accounted for to the court, the court shall direct an issue to be made up, and the rules regulating the trial of the right of property under the local laws of the State where the proceedings may be had, or in detinue shall prevail, except that the burden of proof shall he on the officer or employee to show that the acquisition
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was legitimately obtained. The issue shall be made on the petition of the district attorney, setting forth the bond, or a copy thereof, of the officer or employee and his securities, if judgment is desired against the securities, and the facts on which the attorney relies for a recovery, and if the verdict is for the Confederate States, judgment shall be entered accordingly against the defendants to the amount of the bond (if so much should be awarded by the jury), and should the bond not cover the amount of the verdict, judgement for the residue shall be entered against the officer or employee; and the court may direct a money judgment to be entered or a judgment for the specific property, or both, and the cost, on which execution shall issue, and the officer or employee may be, by order of the court, imprisoned until the judgment is finally discharged, or the court may render such special judgment as will protect the Government from all loss in the premises, the money when collected to be paid to the Secretary of the Treasury or other officer authorized by him to receive the same. The district attorney shall he entitled to receive fifteen per cent of the amount of collections, and the marshal ten per cent.
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"Sec. 4. It shall be the duty of the Confederate States attorneys of the respective districts to inspect the schedules filed, and he may traverse the same if no accumulations are disclosed, and like proceedings shall be had thereon as is hereinbefore directed.
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"Sec. 5. Any person believing frauds to have been committed by any of said officers or employees may institute an action, qui tam, in any of the district courts of the Confederate States, whether a citizen of the State where instituted, or not, against such officer or employee, and their securities on their bond; and to facilitate a full and searching examination into the alleged fraudulent transactions, the party instituting the suit, under an order of the court, shall have the right, previous to the trial, to fully examine and inspect all the reports, abstracts, and vouchers which, under the existing laws and army regulations, are required to be made to the War Department, and on a bill of discovery for that purpose filed (the answer to which may be overcome by satisfactory evidence). the defendant shall disclose the name or names and residence of any person from whom any property has, at any time, been purchased or received and the prices and dates at which it was so purchased or received and the date of the order directing such purchase or contract, and should it appear that such purchases were made from the relatives of said officer or employee, or from any person employed as clerk, agent, partner, or otherwise of said officer, and the burden of proof shall be upon the defendant to show that the purchases were made at the regular and current rates of the country; and on the trial of the issue the like rules and proceedings shall be had as is hereinbefore (provided) for. except that one-half of the judgment shall be in favor of the party prosecuting the suit, and the other half in favor of the Confederate States; and in the trial of such issues, if the schedule of the officer discloses an accumulation, or whenever the plaintiff, by testimony, shows an accumulation of property, real, personal, or mixed, the burden of proof shall be upon the defendant to account satisfactorily for the same: Provided, That the plaintiff in such qui tam action shall be compelled, if required, to deposit the costs of the case, or give security therefor, and such plaintiff shall also be liable to an action in favor of the defendant for damages in case it shall appear that the action was instituted against such officers or employees maliciously and without reasonable or probable cause.
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"Sec. 6. A similar schedule or inventory shall be made and filed in the same manner by every official employee belonging to the class of persons described in the first section of this act whose term of official employment shall commence subsequent to the passage of this act, and the provisions of this act shall, in all respects, fully apply to them and to all other disbursing officers of the Government with whatever branch they may be connected.
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"Sec. 7. No person now in commission or appointment shall be permitted to resign until he have fully complied with the provisions of this act, but a verdict and judgment against such officer shall have the effect of revoking his commission.
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"Sec. 8. Nothing herein Contained shall be so construed as to bar the Government from any rights now existing between it and said officers and employees. And no judgment recovered by one party shall constitute a bar to a suit instituted by another party, unless the same items are controverted, and not then. if there is any reasonable ground to apprehend collusion between the former party and the officer or employee; and on this an issue may, by the court, be given to the jury.
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"Sec. 9. The inventories shall, at all times during business hours, be open to the inspection of all persons desiring to examine them, and it shall be the duty of the officer in charge of them to furnish certified copies thereof, for which service the officer making the transcript shall have the right to charge twenty cents per hundred words, and said copies shall be received as evidence, or suits may be instituted thereon as hereinbefore provided in any of the courts of the Confederate States, when authenticated, as is now provided for authenticating judicial records: Provided, That nothing in this act shall be so construed as to compel the clerks of the State courts to receive and file the schedule of any officer or employee, but filing the same, the clerk may demand the fees for furnishing the transcript.
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"Sec. 10. Whenever the interest of the Confederate States demands it, or on the motion of the party prosecuting the suit, the court may transfer the case to the district court having jurisdiction where the defendant resides, there to be concluded,"
and insert in lieu thereof the following, viz:
"That the President, by and with the advice and consent of the Senate, shall appoint for each military department one competent person, to be styled inspector of such department, who shall be commissioned and have the rank, pay, and allowances of colonel of cavalry; and two assistants, who shall also be commissioned and have the rank, pay, and allowances of captains of cavalry and be styled assistant inspectors of such department. Such inspectors of department shall be allowed two clerks, and such assistant inspectors shall be allowed one clerk each, which clerks for their services shall be allowed the sum ofdollars per month and rations, each.
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"Sec. 2. Each of said inspectors and assistant inspectors shall, before entering upon the discharge of their duties, take and subscribe the following oath of office: 'I, ... , having been duly appointed inspector (or assistant inspector, as the case may be) of (such) department of the Army of the Confederate States of America, do solemnly swear that I will in all things, according to my best ability and understanding, faithfully and impartially discharge the duties of my said office as required by law, without fear, favor, affection, or ill will, so help me God,' which oath may be taken before any judicial officer having authority to administer oaths, and shall be indorsed upon his commission, and a duplicate thereof filed in the office of the Secretary of War.
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"Sec. 3. It shall be the duty of each inspector of department, with the aid and assistance of their assistants, from time to time, and at least as often as (race in every fiscal quarter, carefully and thoroughly to examine and inspect the official affairs of every quartermaster and commissary within his department, as well those serving at posts and depots as those serving with any army, army corps, division, brigade, regiment, battalion, or detachment of troops in the field. In such inspections said inspectors and their assistants shall ascertain the amount of money and property received by each such quartermaster and commissary for or on the account of the Government; when, where, and from whom received; if money, the kind of funds received; if property found, not in the possession of anyone, when, where, and under what circumstances found, and when entered upon their rolls; amount of money expended, for what expended, when expended, to whom paid, and the amount remaining on hand, carefully examining every voucher, and where any doubt arises requiring additional proof in relation thereto, noting all defects and deficiencies. They shall in person carefully examine and inspect the property and all accounts of every such quartermaster and commissary, noting the number, kind, and character of property and the condition thereof, and also examine every invoice, receipt, roll, bill, or other voucher in relation to such property, and if alleged by any such quartermaster or commissary to have been by him purchased, noting the price of each article, when, where, and of whom purchased; and as to property turned over by other officers, when, where, and by whom turned over, comparing the articles with the invoices; and as to property found and taken up upon roll, comparing such property with such roll; in every such case noting any deficit or discrepancy; and in case of any deficiency inquire into the manner in which such deficiency occurred, examining the vouchers therefor. And where it shall be alleged that such deficit has occurred by death, by being worn out, captured by the enemy, abandoned, or expended, such inspectors and their assistants shall have the right to demand, and in case of doubt shall demand, evidence other than the statement or certificate of any such quartermaster or commissary. Such inspectors and their assistants shall also carefully examine into the accounts
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and vouchers of all such quartermasters and commissaries, and into their manner of transacting business and keeping accounts thereof, and if they in all respects conform to the requirements of the army regulations and orders as to their several departments, noting all variations from and violations of the same. They shall also inquire whether any such quartermaster or commissary has himself, or by or through any clerk, sergeant, agent, parmer, attaché, employee, or any other person, been engaged, either directly or indirectly, in any speculation in any commodity or article of property whatever; and whether any such quartermaster or commissary has bet any money or property upon any game whatsoever, They shall also ascertain the names of all persons in service with every such quartermaster and commissary, the nature of the service performed by each, whether as clerk, sergeant, agent. messenger, courier, wagon master, forage master, teamster, butcher, laborer, or servant, and the company and regiment to which each belongs, or if still a citizen within the ages of conscription, and whether such persons are or are not apparently able-bodied men fit for service in the ranks. Such inspectors and their assistants shall also ascertain within their respective departments the names and locality of all men unfit from any cause for service in the ranks. and who are fit and willing to take service in either of the departments of quartermaster or commissary, and their qualifications for such service. They shall also inquire into the manner in which the supplies and issues are obtained and made by such quartermasters and commissaries: whether issues are made regularly, in sufficient quantities and of proper quality, and if not, the cause or causes therefor.
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"Sec. 4. Every quartermaster and commissary shall, upon the demand of the inspector or either of the assistant inspectors of the department within which he is serving, afford to such inspector or assistant inspector every necessary facility, aid, and information to enable them to make the inspections by this act required, and shall exhibit to such inspector or assistant inspector all their public moneys, official books, and papers of every?ind whatsoever; and upon refusal to do so shall be immediately reported to his commanding officer, who shall without delay place him in arrest and cause him to be tried by court-martial upon charge for disobedience of orders, and the inspector shall proceed with his inspection, as far as he can, without the assistance of such quartermaster or commissary.
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"Sec. 5. The assistant inspectors shall be subject to the orders and directions of the inspector of the department in which they serve, and the Secretary of War may, at such times as he may deem advisable, cause such inspectors and assistant inspectors to alternate from one department to another in performing the duties required of them in this act. Each inspector and assistant inspector. in case of such alternation, shall have the same powers and rights, and shall perform the same duties in the department to which he shall be thus sent as in the department for which he may have been appointed.
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"Sec. 6. Each inspector of department shall make full and particular detailed reports of all inspections made by himself and his assistants to the Secretary of War, which reports shall be in duplicate, one to be forwarded to the Secretary of War and the other to be delivered to the commandant of the department within which such inspection shall have been made.
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"Sec. 7. If it shall appear by any such report of any inspector of department that any quartermaster or commissary in such department has been guilty of any malfeasance in office, or shall have been in any way, directly or indirectly, engaged in any speculation in any commodity or property whatsoever, or shall be guilty of embezzling any property or money of the Government. or shall be a defaulter to the Government for any amount, or shall have bet any money or property upon any game, or shall have been interested in any such bet. or shall be for any cause incompetent for the discharge of his official duties, or shall be addicted to drunkenness, it Shall be the duty of the commander of such department to cause any such quartermaster or commissary to be immediately suspended from the performance of the duties of his office, placed in arrest, and tried by a court-martial upon charges to be preferred by any such inspector or assistant inspector, or any other commissioned officer; and if, upon trial. any such quartermaster or commissary shall be found guilty of any embezzlement of any money or property of the Government, or found to be a defaulter to the Government, or of having been so engaged in any defalcation, or to have bet money or property upon any game, or been interested in any such bet he shall be cashiered; and if found to be incompetent to discharge the duties of his office by reason of mental incapacity, ignorance, or want of business qualifications,
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or intemperate habits, he shall be dismissed from his office, and in all such cases of conviction they shall be immediately conscribed and placed in the ranks of the infantry, if within the age of conscription and physically able to do duty in that arm of the service; if not so able, they shall be put to such service as a private as they may be physically able to perform, and suit shall be instituted against their securities upon their official bonds for any default whatsoever which may be within the condition of such bond.
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"Sec. 8. If it shall appear by any such report of inspection that there are able-bodied men in the employ of any such quartermaster or commissary, and that there is in such department disabled men who are qualified and willing to perform the duties in said quartermaster's and commissary departments, the department commander shall cause such able-bodied men, if belonging to companies, to be at once returned to their respective commands, when practicable; if not practicable by reason of the absence of such command from such department, or if such able-bodied men do not belong to any command, and are within the ages of conscription, such department commander shall cause them to be placed in service with some company within his department, and the places of all such able-bodied men shall be supplied by such disabled men, or men not fit for service in the ranks, as may be able and qualified for such service.
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"Sec. 9. The terms quartermaster and commissary, as used in this act, shall be held to include officers of every rank, in these several departments, who are exercising the functions of such office.
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"Sec. 10. It shall not be necessary, for any of said inspectors or their assistants to give to any quartermaster or commissary any notice of any such inspection, but such inspections may be made at such times as may be most convenient in the performance of inspection duties, avoiding unnecessary inconvenience to any such quartermaster or commissary.
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"Sec. 11. If any such inspector or assistant inspector, after having entered upon the discharge of his duties as such, shall willfully fail, neglect, or refuse to make the inspection and reports thereof, or any one of either, as required by this act, or shall, through any fear, favor, or affection, or for any reward, or for the promise or hope thereof, fail, neglect, or refuse to maim true and faithful reports of acts of malfeasance, defaults, embezzlements, or other improper acts in office by any such quartermaster or commissary whose affairs it shall become his duty to inspect as provided by this act; or if any such inspector or assistant inspector shall, through any ill will, prejudice, or for any other cause, willfully make any false report as to any such matters, he shall, upon conviction thereof by a court-martial, be cashiered, or suffer such other punishment as may be adjudged by the court trying the case.
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"Sec. 12. It shall be the duty of the Secretary of War to cause the inspections and the reports thereof required by this act to be promptly made, according to such form as he may prescribe."
Mr. Cluskey moved that the bill and amendment be recommitted to the Committee on the Quartermaster's and Commissary Departments, and that the amendment be printed.
Pending which,
Mr. Clark moved that, when the House adjourn to-day it adjourn to meet at 11 o'clock on Tuesday.
Mr. Hilton moved that the House adjourn; which latter motion was lost.
The question recurring on the motion to adjourn until Tuesday,
It was decided in the negative.
The question recurring on the motion of Mr. Cluskey to recommit the bill and amendment and to print the amendment.
Mr. Atkins demanded a division of the question.
The motion to print was agreed to, and the motion to recommit was lost.
Mr. Wickham offered the following resolution; which was adopted, viz:
Resolved, That Lieutenant-General Early be invited to occupy a seat on the floor of this House during his visit to this city.
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The Chair laid before the House a Senate bill (S. 153) "appropriating, for the use of the Post-Office Department, certain moneys deposited by postmasters with the depositaries of the Government created under the act approved February seventeenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Post-Offices and Post-Roads.
On motion of Mr. Atkins,
The House adjourned until Monday, 11 o'clock.
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