To concur in the amendment to H.R. 362 granting the President of the U.S. The privilege of suspending the writ of habeas corpus, if the public safety requires

On Jul 16, 1862, the Senate voted 33–5 (HR 362). Result: passed. By party: Republicans 22–5, Others 7–0, Democrats 4–0. 5 members voted against their own party.

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

Yes: 33
No: 5
Did not vote: 35
Date: Jul 16, 1862

By party

Democrats4 yes · 0 no · 25 didn’t vote
Republicans22 yes · 5 no · 9 didn’t vote
Others7 yes · 0 no · 1 didn’t vote

Who broke with their party

Henry Smith Lane R-IN voted no
Jacob Merritt Howard R-MI voted no
Ira Harris R-NY voted no
James Rood Doolittle R-WI voted no
Timothy Otis Howe R-WI voted no

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 concur in the amendment to H.R. 362…: Senate Vote, Jul 16, 1862,” https://www.capitolreceipts.com/vote/37-S-548/to-concur-in-the-amendment-to-h-r-362 (accessed 2026-10-17).