[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 142-144]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

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                            sec. ix--speaker


[[Page 143]]

They have done it de die in diem for fourteen days. 1 Chand., 331, 335.



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.



  For a discussion of the election of the Speaker, see Sec. 27, supra. 




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 144]]

Trevor chosen. There have been no later instances. 2 Hats., 161; 4 
Inst., 8; L. Parl., 263.

  Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and 
March 14, 1694, Sir John


  The House, by clause 8 of rule I, has provided for appointment and 
election of Speakers pro tempore. Relying on the Act of June 1, 1789 (2 
U.S.C. 25), the Clerk recognized for nominations for Speaker, at the 
convening of a new Congress, as being of higher constitutional privilege 
than a resolution to postpone the election of a Speaker and instead 
provide for the election of a Speaker pro tempore pending the 
disposition of certain ethics charges against the nominee of the 
majority party (Jan. 7, 1997, p. ----).




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 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).