Mr. DAVIS. The honorable Senator asks me how the different Houses shall be organized. I answer, just as they were organized from 1789 up to 3 years ago. He asks me if I would be willing to allow a crowd to come in from the street and to usurp or interfere with the organization of the House. Certainly not, and there is no danger of such a disorder as that. Nothing of the kind ever has occurred, and it never will occur. It is the sim. matter in the world to organize a new HoRep. They are to be organized as they had been from the begin: ning of the Government up to 1863. The persons elected convene in the capital; and at the opening of the session they go into the Representatives' Hall. They bring their returns in their pockets, made out according to the forms and requisitions of law. It is known before hand, and well and distinctly known, who have been elected and who have not been elected, whose seats are contested and whose seats are not to be contested. The great mass of the members being elected according to law, and there being no objection whatever to their right to take their seats, they get together and they organize by appointing a temporary chair man. The Clerk heretofore has acted some what in that capacity, but they may appoint anybody they please. but here is the question which I propound to the Senfrom Illinois: is the Clerk of the former HoRep, who is required by this bill to act apart in the organi.zation of the new House o RePresentatives, an officer of that new House? He is an offi. cer, and he is a most potential officer of the body; more so than the Clerk or the Sergeant at Arms, or any other officer of that body that they may subsequently elect. He exercises the function of logwhat is and what is not the proper constituent materiel of the House; he admits whom he pleases, and excludes whom he pleases. He is made by the law specially and particularly the judge of the returns of the members of the House; and he is made that judge according to the laws of Congress and of the States. This is plainly a judicial function, a quasi judicial power, a power of the utmost importance in the organization of the House. Congress is now proceeding by law to name for the next HoRep this important officer, who is to perform this great function.