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Mr. Fillmore introduced the following resolution, viz:

Whereas, the bill of this House (No. 598) entitled "An act to authorize the issuing of Treasury notes," was taken up in Committee of the Whole House on the state of the Union on the 18th day of January last, and has been under discussion to this time:

And whereas, much of the indispensable public business is yet to be acted on: therefore,

Resolved, That said committee be discharged from the further consideration of said bill from and after the 2d day of February instant, at three o'clock, P. M., unless the same shall be reported to the House before that time; and that said bill, with such amendments (if any) as shall have been adopted in said committee, shall be then taken up in the House, and be the special order until finally disposed of; reserving to said committee the right, according to the rules of the House, to report the same sooner if the discussion shall terminate.

Which was read; and the question was stated, Will the House agree to the same? when,

Pending the said question,

At 10 minutes after 4 o'clock, P. M., on motion of Mr. Wise, the House adjourned until to-morrow, at 12 o'clock meridian.

FEBRUARY 2, 1841.

The Speaker stated to the House, that, upon reviewing his decision of yesterday, that the resolution offered by Mr. Fillmore could be receiv

ed without a suspension of the rules, he had come to a different conclusion; and, thereupon,

A motion was made by Mr. Fillmore, that the rules in relation to the order of business be suspended, to enable him to introduce the said resolution.

FEBRUARY 24, 1841.

The following amendment was read by the Clerk, as an entire amendment to the bill (H. R. 601) making appropriations for the civil and diplomatic expenses of the Government for the year 1841, viz:

Strike out the following words from the 414th line of the bill, to the 436th line of the bill, viz:

"That the district attorneys of the United States, in and for the several districts, the clerks and marshals, respectively, of the same, shall render an account quarter-yearly, each and every year hereafter, to the Secretary of the Treasury, of all fees, emoluments, and receipts, of every name and nature whatever by them respectively received by virtue of their said offices; which account shall be rendered upon oath or affirmation, and shall be in such form, and supported by such proofs, as the Secretary of the Treasury in his judgment may prescribe, for the purpose of enforcing the provisoes hereinafter named, that is to say: If it shall appear that the salaries, fees, emoluments, receipts, and earnings, of any of the said attorneys, shall exceed the sum of

dollars, then such attorneys shall pay such excess into the Treasury of the United

States, for general purposes of the Government; and if the salaries, fees, emoluments, or earnings of any of said clerks shall exceed

dollars, then the excess shall, in like manner, be paid into the Treasury, for the purposes aforesaid; and if the salaries, earnings, fees, and emoluments, of any of the said marshals shall exceed the sum of dollars, then such excess shall also be paid into the Treasury, for purposes aforesaid.”

And insert, in lieu thereof, the following, viz: "That hereafter, in lieu of all fees, emoluments, and receipts, now allowed, it shall and may be lawful for the United States clerks, attorneys, counsel, and marshals, in the district and circuit courts of the United States in the several States, to demand and receive the same fees that now are, or hereafter may be, allowed by the laws of the said States respectively where said courts are held, to the clerks, attorneys, counsel, and sheriffs, in the highest courts of the said States in which like services are rendered; and no other fees or emoluments, except that the marshals shall receive in full, for summoning all the jurors for any one court, thirty dollars; and shall receive, for every day's actual attendance at any court, five dollars per day; and for any services, including the compensation for mileage, performed by said officers in the discharge of their official duty, for which no compensation is provided by the laws of said States, respectively, the said officers may receive such fees as are now allowed by law, according to the existing usage and practice of said courts of the United States; and every district attorney, ex

cept the district attorney of the southern district of New York, shall receive, in addition to the above fees, a salary of two hundred dollars per annum: Provided, That the fees and emoluments retained by the district attorneys, marshals, and clerks, shall in no case exceed, for the district attorney, and the marshals, or either of them, the sum of six thousand dollars; and those for each of the clerks shall not exceed, in any case, four thousand five hundred dollars; the overplus of fees and emoluments to be paid into the public Treasury, under such rules and regulations as may be prescribed by the Secretary of the Treasury, subject to the disposition of Congress."

Mr. Granger called for a division of the question, and that the part proposed to be inserted be divided so as to take the question: first, on all that part preceding the proviso; and, second, on the proviso.

Mr. Bell, chairman of the Committee of the Whole House on the state of the Union, who reported the bill, stated that the amendment of the gentleman from Mississippi, (Mr. Thompson,) in Committee of the Whole on the state of the Union, was to amend the proviso in the bill, by striking out all after the words " Provided, however,” and inserting so much of the amendment reported by the committee as precedes the proviso; and that the proviso reported by the committee was offered and adopted as an amendment to the amendment which had been adopted by the committee; and, for that reason, the two parts of the amendmen were to be treated as distinct propositions, and therefore divisible.

The Speaker decided, on the facts as stated by the chairman of the committee, that the two parts of the amendment were to be treated as separate questions, and that it would be divided accordingly.

From this decision of the Chair Mr. Wise took an appeal to the House, on the ground that the committee had reported the amendment, as an entire amendment, to strike out and insert.

And the question was put,

Shall the decision of the Chair stand as the judgment of the House?

89.

And passed in the affirmative, yeas, 98; nays,

FEBRUARY 26, 1841.

The House proceeded to the consideration of bill No. 544, in Committee of the Whole House on the state of the Union; and, after some time spent therein, the Speaker resumed the chair, and Mr. McKay reported that the committee had, according to order, had the state of the Union generally under consideration, particularly the bill (No. 544) making appropriations for the naval service for the year 1841, and had directed him to report the same, without amendment.

The question was stated, Shall the bill be engrossed and read a third time? when

Mr. Evans moved the following amendments, viz:

In the 13th line thereof, strike out "one mil. lion four hundred and twenty-five thousand," and insert two millions.

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