To decide if the witness may or may not give reasons why he should not answer the first question regarding the charge of corruption in Congress.

On Feb 13, 1838, the House voted 103–90. Result: passed. By party: Democrats 8–90, Others 94–0, Independents 1–0. 8 members voted against their own party.

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

Yes: 103
No: 90
Did not vote: 64
Date: Feb 13, 1838

By party

Democrats8 yes · 90 no · 36 didn’t vote
Others94 yes · 0 no · 28 didn’t vote
Independents1 yes · 0 no

Who broke with their party

Dixon Hall Lewis D-AL voted yes
Thomas Glascock D-GA voted yes
Richard Fletcher D-MA voted yes
Nathaniel Briggs Borden D-MA voted yes
John Isaac De Graff D-NY voted yes
James Garland D-VA voted yes
John Mercer Patton D-VA voted yes
Isaac Fletcher D-VT voted yes

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 decide if the witness may or may not give…: House Vote, Feb 13…,” https://www.capitolreceipts.com/vote/25-H-94/to-decide-if-the-witness-may-or-may-not (accessed 2026-10-17).