To decide the admissibility of evidence in the impeachment trial of charles swayne, judge of the U.S. District court in and for the northern district of florida

On Feb 23, 1905, the Senate voted 34–33. Result: passed. By party: Republicans 30–10, Democrats 4–23. It was a split vote: the parties took opposite sides, with some members crossing over. 14 members voted against their own party.

During the 58th Congress (1903–1904), Theodore Roosevelt was president, and Republicans held majorities in both the House and Senate.

Yes: 34
No: 33
Did not vote: 26
Date: Feb 23, 1905

By party

Democrats4 yes · 23 no · 6 didn’t vote
Republicans30 yes · 10 no · 20 didn’t vote

Who broke with their party

Samuel Douglas Mcenery D-LA voted yes
Henry Cabot Lodge R-MA voted no
Eugene Hale R-ME voted no
Julius Caesar Burrows R-MI voted no
Knute Nelson R-MN voted no
Lee Slater Overman D-NC voted yes
Porter James Mccumber R-ND voted no
Henry Eben Burnham R-NH voted no
John Kean R-NJ voted no
William Morris Stewart R-NV voted no
Joseph Benson Foraker R-OH voted no
Alfred Beard Kittredge R-SD voted no
Edward Ward Carmack D-TN voted yes
Joseph Weldon Bailey D-TX voted yes

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 decide the admissibility of evidence in…: Senate Vote, Feb 23, 1905,” https://www.capitolreceipts.com/vote/58-S-71/to-decide-the-admissibility-of-evidence-in-the-impeachment (accessed 2026-10-17).