To amend S. 12, said amendment to give to every actual settler of public lands the right of pre-emption except to lands subject to sale by private entry.

On May 26, 1840, the House voted 86–97 (S 12). Result: failed. By party: Democrats 16–86, Others 70–11. 16 members voted against their own party.

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

Yes: 86
No: 97
Did not vote: 72
Date: May 26, 1840

By party

Democrats16 yes · 86 no · 25 didn’t vote
Others70 yes · 11 no · 47 didn’t vote

Who broke with their party

Jesse Atherton Bynum D-NC voted yes
Charles Biddle Shepard D-NC voted yes
Micajah Thomas Hawkins D-NC voted yes
William Montgomery D-NC voted yes
John Hill D-NC voted yes
Charles Fisher D-NC voted yes
Henry William Connor D-NC voted yes
Isaac Edward Holmes D-SC voted yes
John Campbell D-SC voted yes
Thomas De Lage Sumter D-SC voted yes
John King Griffin D-SC voted yes
Cave Johnson D-TN voted yes
George Coke Dromgoole D-VA voted yes
Walter Coles D-VA voted yes
Linn Banks D-VA 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 S. 12, said amendment to give to…: House Vote, May 26, 1840,” https://www.capitolreceipts.com/vote/26-H-402/to-amend-s-12-said-amendment-to-give-to (accessed 2026-10-17).