To amend an amendment to H.RES. 402 by providing for appoiintment of electors by those people qualified to vote for U.S. Representatives, but no officer of u.

On Feb 9, 1869, the Senate voted 37–19 (HJR 402). Result: passed. By party: Republicans 34–14, Democrats 3–5. 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: 37
No: 19
Did not vote: 13
Date: Feb 9, 1869

By party

Republicans34 yes · 14 no · 9 didn’t vote
Democrats3 yes · 5 no · 4 didn’t vote

Who broke with their party

Lyman Trumbull R-IL voted no
Richard Yates R-IL voted no
John Spafford Harris R-LA voted no
George Vickers D-MD voted yes
William Pinkney Whyte D-MD voted yes
Zachariah Chandler R-MI voted no
Charles Daniel Drake R-MO voted no
Joseph Carter Abbott R-NC voted no
Aaron Harrison Cragin R-NH voted no
Frederick Theodore Frelinghuysen R-NJ voted no
William Morris Stewart R-NV voted no
Edwin Denison Morgan R-NY voted no
John Sherman R-OH voted no
Charles Rollin Buckalew D-PA voted yes
George Franklin Edmunds R-VT voted no
Justin Smith Morrill R-VT voted no
Peter Godwin Van Winkle R-WV 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 amend an amendment to H.RES. 402 by…: Senate Vote, Feb 9, 1869,” https://www.capitolreceipts.com/vote/40-S-631/to-amend-an-amendment-to-h-res-402-by (accessed 2026-10-17).