To amend S. 438, by adding that a judge must have been in office at least 10 years in order to have his resignation accepted by the President.

On Apr 17, 1872, the Senate voted 27–15 (S 438). Result: passed. By party: Republicans 18–16, Democrats 10–1. It was a bipartisan vote: majorities of both parties voted yes. 17 members voted against their own party.

During the 42nd Congress (1871–1872), Ulysses S. Grant was president, and Republicans held majorities in both the House and Senate.

Yes: 27
No: 15
Did not vote: 30
Date: Apr 17, 1872

By party

Republicans18 yes · 16 no · 22 didn’t vote
Democrats10 yes · 1 no · 7 didn’t vote

Who broke with their party

George Eliphaz Spencer R-AL voted no
Thomas Ward Osborn R-FL voted no
John Alexander Logan R-IL voted no
Lyman Trumbull R-IL voted no
Samuel Clarke Pomeroy R-KS voted no
William Pitt Kellogg R-LA voted no
Zachariah Chandler R-MI voted no
Alexander Ramsey R-MN voted no
William Morris Stewart R-NV voted no
Reuben Eaton Fenton R-NY voted no
Allen Granberry Thurman D-OH voted no
John Sherman R-OH voted no
John Scott R-PA voted no
Simon Cameron R-PA voted no
Justin Smith Morrill R-VT voted no
Matthew Hale Carpenter 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.

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Capitol Receipts, “To amend S. 438, by adding that a judge must…: Senate Vote, Apr 17…,” https://www.capitolreceipts.com/vote/42-S-293/to-amend-s-438-by-adding-that-a-judge (accessed 2026-10-16).