[In the case of a resolution with a preamble, there is no difficulty as to the time at which the preamble is to be considered, nor in any case in Committee of the Whole; but in the House, in the case of a bill with a preamble, there is some uncertainty as to the particular stage in which the bill must be when it is proper to consider the preamble. It would seem that it might appropriately be done after the bill has been ordered to be engrossed and read a third time, and before the third reading takes place. By this course the bill can be engrossed either with or without the preamble, as the House shall have determined. But where a separate vote on the preamble is not asked for before the bill is read a third time, the preamble is considered as adopted.-Barclay.]

The preamble is not covered by the previous question ordered upon the passage of the resolution, but is itself subject to a separate demand of the previous question.-Journal, 1, 34, p. 1217.

PRESIDENT OF THE UNITED STATES.

"He shall from time to time give to Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and, in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper."-Const. 2, 3, p. 18.

"Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated. * * * * If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law."-Const., 1, 7, p. 10. There is a similar provision in regard to "every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment").-Ibid., pp. 10, 11.

ave originated in the House is presented to all be duly enrolled on parchment by the Clerk resentatives."

ing been examined and signed by the Speaker of the Senate, the bill shall be presented by tl e on Enrolled Bills to the President for his app be entered on the Journal of each house. The s report the day of presentation to the Presiden also be carefully entered on the Journal of each 9, p. 146.

No bill or resolution that shall have passed the I entatives and the Senate shall be presented to th United States for his approbation on the last da n."-Joint Rule 17, p. 147. [This joint rule is i nded near the close of every session.]

"When the Senate and House of Representatives oper to make a joint address to the President, it ented to him in his audience-chamber by the Preside te, in the presence of the Speaker and both houses. 1, p. 146.

"A proposition requesting information from the Pr United States (even where reported from a committe 31, p. 723), shall lie on the table one day for conside

otherwise ordered by the unanimous consent of the House; and all such propositions shall be taken up for consideration in the order they were presented immediately after reports are called for from select committees, and when adopted, the Clerk shall cause the same to be delivered."-Rule 53, p. 114.

[The form of resolution contemplated by this rule, as sanctioned by long usage, is: "Resolved, That the President of the United States be requested to inform (or communicate to) this House, if not incompatible with the public interest," &c.]

(See MESSAGES FROM THE PRESIDENT.)

Art. 12, Amendments to the Const., requires that the certificate of electoral votes in the respective States for President and Vice-President shall be opened by the President of the Senate in the presence of the Senate and House of Representatives, and the votes shall then be counted.

Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors and the certificates, or so many of them as have been received, shall then be opened, the votes counted, and the persons to fill the offices of President and Vice-President ascertained and declared, agreeable to the Constitution.-R. S., sec. 142.

It is further provided by the 12th Article of Amendment to Const., that if no person have a majority of the electoral votes for President, "then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President."

[In anticipation of the choice of President devolving upon it, the House of Representatives of the 2d session Eighteenth Congress adopted a set of rules for its government in said election.-Journal,

PREVIOUS QUESTION.

281

2, 18, pp. 212 to 215. For the subsequent proceedings of the House in conducting said election, see same Journal, pp. 220, 221, 222.]

PREVIOUS QUESTION.

"When a question is under debate, no motion shall be received but

to adjourn,

to lie on the table,

for the previous question,

to postpone to a day certain,

to commit or amend,

to postpone indefinitely;

which several motions shall have precedence in the order in which they are arranged."-Rule 42, p. 111.

The previous question shall be in this form: "Shall the main question be now put?" It shall only be admitted when demanded by a majority of the members present; and its effect shall be to put an end to all debate (except that the member reporting the measure under consideration may close the debate-Journal, 1, 31, p. 1056-and the every-day practice since), and to bring the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any; then upon pending amendments, and then upon the main question. But its only effect, if a motion to postpone is pending, shall be to bring the House to a vote upon such motion. Whenever the House shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made. The House may also at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill. A call of the House shall not be in order after the previous question is seconded, unless it shall appear, upon an actual count by the Speaker, that no quorum is present.-Rule 132, p. 135.

The right of the member reporting the pending measure to close the debate is never denied him, even after the previous question is ordered.-Journal, 1, 31, p. 1056.

[But if, after having occupied part of his hour in closing the de bate, he moves the previous question, he is then only entitled to occupy the floor for the remaining portion of the hour.]

A member having consumed an hour in opening the debate upon the pending bill is not entitled to another hour to close it.-Journal, 2, 44, pp. 201, 202, 250. See also Congressional Record, pp. 708, 709. [See also DEBATE.]

"On a previous question there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule 133, p. 136.

It is in order, pending the demand for the previous question on the passage of a bill, to move a reconsideration of the vote on its engrossment.-Journal, 2, 27, p. 1175. [But such motion is not debatable under the practice which has prevailed for many years.]

The yeas and nays cannot be taken on seconding the demand for the previous question.-Journal, 2, 19, p. 493.

The effect of a negative vote on the question, "Shall the main question be now put?" is to cause the House to resume the consideration of the subject as though no motion for the previous question had been made.-Rule 132, p. 135.

A member is not debarred from moving the previous question because he has spoken once.-Journal, 1, 24, p. 1401.

Where a vote taken under the operation of the previous question is reconsidered, the question is then divested of the previous question, and is open to debate and amendment.-Journals, 1, 27, p. 129; 1, 33, p. 127. [These decisions apply only to cases where the previous question was fully exhausted, by votes taken on all the questions covered by it, before the motion to reconsider was made. In any other case the pendency of the previous question would preclude debate.]

"It is not in order to move a reconsideration of the vote on ordering the main question when it is partly executed."-Journal, 1, 31, pp. 1101, 1398.

The previous question may be moved on a resolution submitted under a call of the States, and thus prevent the debate which, under the rules, requires it to lie over.-Journals, 1, 26, p. 1067; 1, 27, p. 429; 1, 30, p. 326.