To sustain the chair's decision, ruling out of order a petition by john smith, it being covered by a house rule.

On Mar 30, 1840, the House voted 69–42. Result: passed. By party: Democrats 51–6, Others 18–36. 6 members voted against their own party.

During the 26th Congress (1839–1840), Martin Van Buren was president.

Yes: 69
No: 42
Did not vote: 144
Date: Mar 30, 1840

By party

Democrats51 yes · 6 no · 70 didn’t vote
Others18 yes · 36 no · 74 didn’t vote

Who broke with their party

Zadok Casey D-IL voted no
John Wesley Davis D-IN voted no
William Watson Wick D-IN voted no
Lemuel Paynter D-PA voted no
John Galbraith D-PA voted no
John Smith 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 sustain the chair's decision, ruling out…: House Vote, Mar 30, 1840,” https://www.capitolreceipts.com/vote/26-H-265/to-sustain-the-chairs-decision-ruling-out-of-order (accessed 2026-10-17).