To amend the first section of S. 310, by providing that any person convicted of treason against the U.S. May be punished by the death penalty or imprisonment,

On May 16, 1862, the Senate voted 7–31 (S 310). Result: failed. By party: Republicans 0–28, Democrats 5–0, Others 2–3. It was a party-line vote: most Democrats and most Republicans voted on opposite sides.

During the 37th Congress (1861–1862), Abraham Lincoln was president, and Republicans held majorities in both the House and Senate.

Yes: 7
No: 31
Did not vote: 35
Date: May 16, 1862

By party

Democrats5 yes · 0 no · 24 didn’t vote
Republicans0 yes · 28 no · 8 didn’t vote
Others2 yes · 3 no · 3 didn’t vote

Who broke with their party

Every member who voted sided with their party's majority.

How each senator voted: Yes

How each senator voted: No

Did not vote

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “To amend the first section of S. 310, by…: Senate Vote, May 16, 1862,” https://www.capitolreceipts.com/vote/37-S-306/to-amend-the-first-section-of-s-310-by (accessed 2026-10-17).