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Senate roll call 302 · 40th Congress · Apr 17, 1868

Is a question of the defense counsel admissible, over the objection that accused had not conformed to the constitution in seeking written advice from cabinet me

On Apr 17, 1868, the Senate voted 26–23. Result: passed. By party: Republicans 17–23, Democrats 9–0. It was a split vote: the parties took opposite sides, with some members crossing over. 17 members voted against their own party.

During the 40th Congress (1867–1868), Andrew Johnson was president, and Republicans held majorities in both the House and Senate.

Yes
26
No
23
Did not vote
20
Date
Apr 17, 1868

By party

  • Republicans17 yes · 23 no · 17 didn’t vote
  • Democrats9 yes · 0 no · 3 didn’t vote

Who broke with their party

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, “Is a question of the defense counsel…: Senate Vote, Apr 17, 1868,” https://www.capitolreceipts.com/vote/40-S-302/is-a-question-of-the-defense-counsel-admissible-over (accessed 2026-10-17).

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