To submit to committee of whole on state of union, S. 28, (11 stat. 292, app. 5-19-58), an act to amend an act relating to survey of land tract in territory of

On May 12, 1858, the House voted 68–96 (S 82). Result: failed. By party: Democrats 64–23, Republicans 2–69, Others 2–4. It was a split vote: the parties took opposite sides, with some members crossing over. 25 members voted against their own party.

During the 35th Congress (1857–1858), James Buchanan was president, and Democrats held majorities in both the House and Senate.

Yes: 68
No: 96
Did not vote: 81
Date: May 12, 1858

By party

Democrats64 yes · 23 no · 48 didn’t vote
Republicans2 yes · 69 no · 22 didn’t vote
Others2 yes · 4 no · 11 didn’t vote

Who broke with their party

Eli Sims Shorter D-AL voted no
James Ferguson Dowdell D-AL voted no
Sydenham Moore D-AL voted no
Williamson Robert Winfield Cobb D-AL voted no
Lucius Jeremiah Gartrell D-GA voted no
Elihu Benjamin Washburne R-IL voted yes
Aaron Shaw D-IL voted no
Robert Smith D-IL voted no
Samuel Scott Marshall D-IL voted no
William Ellis Niblack D-IN voted no
James Bradford Foley D-IN voted no
John Givan Davis D-IN voted no
Thomas Green Davidson D-LA voted no
Reuben Davis D-MS voted no
Thomas Ruffin D-NC voted no
Warren Winslow D-NC voted no
John Cochrane D-NY voted no
Israel Thompson Hatch D-NY voted no
Joseph Burns D-OH voted no
Benjamin Franklin Leiter R-OH voted yes
Allison White D-PA voted no
Wilson Reilly D-PA voted no
John Mcqueen D-SC voted no
John Vines Wright D-TN voted no
John DeWitt Clinton Atkins D-TN 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 submit to committee of whole on state of…: House Vote, May 12, 1858,” https://www.capitolreceipts.com/vote/35-H-205/to-submit-to-committee-of-whole-on-state-of (accessed 2026-10-17).