To amend S. 65, by substituting for all after enabling clause, that when act is passed it will be the duty of the secretary of the interior to invite separate p

On Jan 27, 1859, the Senate voted 38–20 (S 65). Result: passed. By party: Democrats 22–13, Republicans 11–7, Others 5–0. It was a bipartisan vote: majorities of both parties voted yes. 20 members voted against their own party.

During the 35th Congress (1857–1858), James Buchanan was president, and Democrats held majorities in both the House and Senate.

Yes: 38
No: 20
Did not vote: 15
Date: Jan 27, 1859

By party

Democrats22 yes · 13 no · 12 didn’t vote
Republicans11 yes · 7 no · 3 didn’t vote
Others5 yes · 0 no

Who broke with their party

Benjamin Fitzpatrick D-AL voted no
David Colbreth Broderick D-CA voted no
William McKendree Gwin D-CA voted no
Lafayette Sabine Foster R-CT voted no
James Asheton Bayard Jr. D-DE voted no
David Levy Yulee D-FL voted no
George Wallace Jones D-IA voted no
James Harlan R-IA voted no
Lyman Trumbull R-IL voted no
Stephen Arnold Douglas D-IL voted no
Graham Newell Fitch D-IN voted no
Henry Wilson R-MA voted no
Zachariah Chandler R-MI voted no
Trusten Polk D-MO voted no
Albert Gallatin Brown D-MS voted no
William Henry Seward R-NY voted no
Benjamin Franklin Wade R-OH voted no
George Ellis Pugh D-OH voted no
William Bigler D-PA voted no
Philip Allen D-RI voted no

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 amend S. 65, by substituting for all…: Senate Vote, Jan 27, 1859,” https://www.capitolreceipts.com/vote/35-S-503/to-amend-s-65-by-substituting-for-all-after (accessed 2026-10-17).