To excuse MR. Wagener from serving on the select committee in relation to the swartwout resolution.

On Jan 19, 1839, the House voted 102–106. Result: failed. By party: Democrats 96–10, Others 6–95, Independents 0–1. 10 members voted against their own party.

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

Yes: 102
No: 106
Did not vote: 49
Date: Jan 19, 1839

By party

Democrats96 yes · 10 no · 28 didn’t vote
Others6 yes · 95 no · 21 didn’t vote
Independents0 yes · 1 no

Who broke with their party

Jabez Young Jackson D-GA voted no
Zadok Casey D-IL voted no
William L. May D-IL voted no
Richard Fletcher D-MA voted no
Nathaniel Briggs Borden D-MA voted no
Francis Ormand Jonathan Smith D-ME voted no
John Chamberlain Clark D-NY voted no
William H. Hunter D-OH voted no
Hugh Swinton Legaré D-SC voted no
George Washington Hopkins D-VA 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 excuse MR. Wagener from serving on the…: House Vote, Jan 19, 1839,” https://www.capitolreceipts.com/vote/25-H-406/to-excuse-mr-wagener-from-serving-on-the-select (accessed 2026-10-17).