To amend H.R. 80, said amendment to strike out "legal representatives" and insert the words "personal representatives."

On May 23, 1840, the House voted 44–94 (HR 80). Result: failed. By party: Democrats 3–81, Others 41–13. 3 members voted against their own party.

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

Yes: 44
No: 94
Did not vote: 117
Date: May 23, 1840

By party

Democrats3 yes · 81 no · 43 didn’t vote
Others41 yes · 13 no · 74 didn’t vote

Who broke with their party

James Iver Mckay D-NC voted yes
Sampson Hale Butler D-SC voted yes
Green Berry Samuels D-VA 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 amend H.R. 80, said amendment to strike…: House Vote, May 23, 1840,” https://www.capitolreceipts.com/vote/26-H-390/to-amend-h-r-80-said-amendment-to-strike (accessed 2026-10-17).