To pass the first section of the third part of the rights of the south resolution, which is "that Congress has no right to do indirectly that which it cannot do

On Dec 12, 1838, the House voted 170–30. Result: passed. By party: Democrats 103–3, Others 66–27, Independents 1–0. 3 members voted against their own party.

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

Yes: 170
No: 30
Did not vote: 57
Date: Dec 12, 1838

By party

Democrats103 yes · 3 no · 28 didn’t vote
Others66 yes · 27 no · 29 didn’t vote
Independents1 yes · 0 no

Who broke with their party

Richard Fletcher D-MA voted no
Nathaniel Briggs Borden D-MA voted no
Francis Ormand Jonathan Smith D-ME voted no

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 pass the first section of the third part…: House Vote, Dec 12, 1838,” https://www.capitolreceipts.com/vote/25-H-347/to-pass-the-first-section-of-the-third-part (accessed 2026-10-17).