To sustain the speakers' decision that if the motion for the previous question be sustained the main question will be, shall S. 12 be read for a third time?

On May 21, 1840, the House voted 100–90. Result: passed. By party: Democrats 82–18, Others 18–72. 18 members voted against their own party.

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

Yes: 100
No: 90
Did not vote: 65
Date: May 21, 1840

By party

Democrats82 yes · 18 no · 27 didn’t vote
Others18 yes · 72 no · 38 didn’t vote

Who broke with their party

James Carroll D-MD voted no
Francis Thomas D-MD voted no
Charles Biddle Shepard D-NC voted no
James Iver Mckay D-NC voted no
Micajah Thomas Hawkins D-NC voted no
William Montgomery D-NC voted no
John Hill D-NC voted no
Henry William Connor D-NC voted no
William Sterrett Ramsey D-PA voted no
Enos Hook D-PA voted no
Sampson Hale Butler D-SC voted no
John King Griffin D-SC voted no
Francis Everod Rives D-VA voted no
George Coke Dromgoole D-VA voted no
Walter Coles D-VA voted no
Linn Banks D-VA voted no
Green Berry Samuels D-VA voted no
Andrew Beirne D-VA 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 speakers' decision that if…: House Vote, May 21, 1840,” https://www.capitolreceipts.com/vote/26-H-380/to-sustain-the-speakers-decision-that-if-the-motion (accessed 2026-10-17).