To table the resolution to add to the rules the provision that in all cases of election by the house, the vote shall be taken viva voce.

On Dec 10, 1838, the House voted 81–126. Result: failed. By party: Democrats 5–98, Others 75–28, Independents 1–0. 5 members voted against their own party.

During the 25th Congress (1837–1838), Martin Van Buren was president.

Yes: 81
No: 126
Did not vote: 50
Date: Dec 10, 1838

By party

Democrats5 yes · 98 no · 31 didn’t vote
Others75 yes · 28 no · 19 didn’t vote
Independents1 yes · 0 no

Who broke with their party

Thomas Tucker Whittlesey D-CT voted yes
William L. May D-IL voted yes
Richard Fletcher D-MA voted yes
Nathaniel Briggs Borden D-MA voted yes
Francis Ormand Jonathan Smith D-ME voted yes

How each representative voted: Yes

How each representative voted: No

Did not vote

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “To table the resolution to add to the rules…: House Vote, Dec 10, 1838,” https://www.capitolreceipts.com/vote/25-H-338/to-table-the-resolution-to-add-to-the-rules (accessed 2026-10-17).