[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 140-142]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                           SEC. IX.--SPEAKER.


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Sec. 312. Election of Speaker.

  When  but one person is 
proposed, and no objection made, it has not been usual in Parliament to 
put any question to the House; but without a question the members 
proposing him conduct him to the chair. But if there be objection, or 
another proposed, a question is put by the Clerk. 2 Hats., 158. As are 
also questions of adjournment. 6 Gray, 406. Where the House debated and 
exchanged messages and answers with the King for a week without a 
Speaker, till they were prorogued. They have done it de die in diem for 
fourteen days. 1 Chand., 331, 335.



[[Page 141]]
the choice of Speaker has been delayed for several weeks by contests 
(I, 222; V, 5356, 6647, 6649; VI, 24).

  The Speaker of the House of Representatives was first chosen by 
ballot, but since 1839 has been chosen by a viva voce vote on a roll 
call (I, 187, 211). The Clerk appoints tellers for this election (I, 
217), but the House, and not the Clerk, decides by what method it shall 
elect (I, 210). The motion to proceed to the election of Speaker is 
privileged (I, 212, 214; VIII, 3883), and debatable unless the previous 
question be ordered (I, 213). In 1860 the voting for Speaker proceeded 
slowly, being interspersed with debate (I, 223), and in one instance the 
House asked candidates for Speaker to state their views before 
proceeding to election (I, 218). In 1809 it was held that the Speaker 
should be elected by a majority of all present (I, 215), and in 1879 
that he might be elected by a majority of those present, if a quorum, 
and that a majority of all the Members was not required (I, 216). In two 
instances the House chose a Speaker by plurality of votes, but confirmed 
the choice by majority vote (I, 221). On several occasions 




Sec. 313. Election of President pro tempore of the 
Senate.

  In  the Senate, a President pro tempore, in the absence of the 
Vice-President, is proposed and chosen by ballot. His office is 
understood to be determined on the Vice-President's appearing and taking 
the chair, or at the meeting of the Senate after the first recess.



  In the later practice the President pro tempore has usually been 
chosen by resolution. In 1876 the Senate determined that the tenure of 
office of a President pro tempore elected at one session does not expire 
at the meeting of Congress after the first recess, the Vice-President 
not having appeared to take the chair; that the death of the Vice-
President does not have the effect to vacate the office of President pro 
tempore; and that the President pro tempore holds office at the pleasure 
of the Senate (II, 1417).



Sec. 314. Parliamentary law as to choice of Speaker pro 
tempore.

  Where  the Speaker has been ill, other Speakers pro tempore have 
been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir 
William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27; 
1658, March 9; 1659, January 13.


  Sir Job Charlton ill, Seymour chosen,         

                      1673, February 18.      Not merely pro tem. 1 

   Seymour being ill, Sir Robert Sawyer     Chand., 169, 276, 277.


                 chosen, 1678, April 15.<3-ln }>

  Sawyer being ill, Seymour chosen.



[[Page 142]]

  Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and 
March 14, 1694, Sir John Trevor chosen. There have been no later 
instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.


  The House of Representatives, by clause 7 of rule I, has provided for 
appointment and election of Speakers pro tempore.




Sec. 315. Removal of the Speaker.

  A  Speaker may be removed 
at the will of the House, and a Speaker pro tempore appointed, 2 Grey, 
186; 5 Grey, 134.





  The House of Representatives has never removed a Speaker; but it had 
on several occasions removed or suspended other officers, as Clerk and 
Doorkeeper (I, 287-290, 292; II, 1417), who are officers classed by the 
Constitution in the phrase ``the House of Representatives shall choose 
their Speaker and other officers.'' A resolution for the removal of an 
officer is presented as a matter of privilege (I, 284-286; VI, 35), and 
a resolution declaring the office of Speaker vacant presents a question 
of constitutional privilege (VI, 35).