On deciding the point of order whether in the existing condition of the two houses, because same are not properly organized, the motion is in order to refer to

On Jan 19, 1860, the Senate voted 45–7 (S 92). Result: passed. By party: Democrats 24–5, Republicans 19–2, Others 2–0. It was a bipartisan vote: majorities of both parties voted yes. 7 members voted against their own party.

During the 36th Congress (1859–1860), James Buchanan was president, and Republicans held the House majority and Democrats the Senate majority.

Yes: 45
No: 7
Did not vote: 18
Date: Jan 19, 1860

By party

Democrats24 yes · 5 no · 12 didn’t vote
Republicans19 yes · 2 no · 6 didn’t vote
Others2 yes · 0 no

Who broke with their party

Clement Claiborne Clay Jr. D-AL voted no
David Levy Yulee D-FL voted no
Stephen Russell Mallory D-FL voted no
Hannibal Hamlin R-ME voted no
John Parker Hale R-NH voted no
Andrew Johnson D-TN voted no
James Murray Mason D-VA 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, “On deciding the point of order whether in…: Senate Vote, Jan 19, 1860,” https://www.capitolreceipts.com/vote/36-S-40/on-deciding-the-point-of-order-whether-in-the (accessed 2026-10-17).