    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 140-142]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    * * * * *
                               sec. ix.--speaker.

    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]]

      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.

      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.

    [[Page 142]]

    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. ----).

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

    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).