    [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]

    * * * * *
                                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).