Mr. DAVIS. I did not have the pleasure of hearing a single word that was uttered by the honorable Senfrom Vermont. I will proceed with my remarks. I read another provision of the Constitution, that each House may determine the rules of its proceedings. One House cannot determine the rules of proceeding for a subsequent House; no more can Congress do it by the passage of a law. This is a right, individual, exclusive, belonging to each successive House, to be exercised for itself and by itself, without any control either of former Houses or of laws passed by Congress. Here, sir, is an act reported to regulate in art the manner of the organization of the house, to regulate in part the proceedings of the HoRep upon its organization. I think it is not competent for Congress to pass such a law, because the whole matter of determining the rules of proceeding by each House on its organization for the direction and management of its business devolves upon that House, and Congress has no right to pass laws encroaching upon the power of the House over such a subject. But, sir, the other is the great and momentous objection which I make to this bill, that it appoints the Clerk of the former House as the officer of each succeeding House upon its organization to pass upon the returns of the members of the House. This is a power, in my judgment, which Congress cannot legit imately and constitutionally exercise. I believe that if this bill be passed it will have no binding effect whatever upon any House; they would have the right utterly to disregard it and to go on and elect their own officers, either to make out a roll of members or to do any other function in the organization and the proceedings of the House, and themselves to determine what persons claiming seats were properly elected or had the proper returns and what had not, and also to determine for themselves whether the returns of all the members or any of the members were according to the laws of Congress and of the States whence the members came. All this would devolve upon each House when it met, and the Senfrom Illinois by his measure although it originates in the House, and although it has the evil sanction of a precedent passed in the year 1863 ean not, in my opinion, properly withdraw the performance and exercise of this power of both Houses from the 2 Houses individ ually and assume it by the passage of a law by Congress. The Secretary proceeded to call the roll on the passage of the bill.