To adopt the resolution to add to the rules the provision that in all cases of election by the house, the vote shall be taken viva voce.

On Dec 10, 1838, the House voted 124–84. Result: passed. By party: Others 28–78, Democrats 96–5, Independents 0–1. 5 members voted against their own party.

During the 25th Congress (1837–1838), Martin Van Buren was president.

Yes: 124
No: 84
Did not vote: 49
Date: Dec 10, 1838

By party

Democrats96 yes · 5 no · 33 didn’t vote
Others28 yes · 78 no · 16 didn’t vote
Independents0 yes · 1 no

Who broke with their party

William L. May D-IL voted no
Richard Fletcher D-MA voted no
Nathaniel Briggs Borden D-MA voted no
Francis Ormand Jonathan Smith D-ME voted no
Isaac Fletcher D-VT voted no

How each representative voted: Yes

How each representative voted: No

Did not vote

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “To adopt the resolution to add to the rules…: House Vote, Dec 10, 1838,” https://www.capitolreceipts.com/vote/25-H-339/to-adopt-the-resolution-to-add-to-the-rules (accessed 2026-10-17).