To amend H.R. 362 by providing that the President may suspend writ of habeas corpus by proclamation, that a prisoner may be discharged by the judge if the grand

On Feb 23, 1863, the Senate voted 25–12 (HR 362). Result: passed. By party: Republicans 24–0, Democrats 0–7, Others 1–5. 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: 25
No: 12
Did not vote: 36
Date: Feb 23, 1863

By party

Democrats0 yes · 7 no · 22 didn’t vote
Republicans24 yes · 0 no · 12 didn’t vote
Others1 yes · 5 no · 2 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 H.R. 362 by providing that the…: Senate Vote, Feb 23, 1863,” https://www.capitolreceipts.com/vote/37-S-725/to-amend-h-r-362-by-providing-that-the (accessed 2026-10-17).