To pass a resolution providing that no power is delegated by the constitution to the legislative or executive branches to suspend the privileges of writ of habe

On Dec 17, 1863, the House voted 67–90. Result: failed. By party: Republicans 0–77, Democrats 61–0, Others 6–13. It was a party-line vote: most Democrats and most Republicans voted on opposite sides.

During the 38th Congress (1863–1864), Abraham Lincoln was president, and Republicans held majorities in both the House and Senate.

Yes: 67
No: 90
Did not vote: 30
Date: Dec 17, 1863

By party

Republicans0 yes · 77 no · 9 didn’t vote
Democrats61 yes · 0 no · 12 didn’t vote
Others6 yes · 13 no · 9 didn’t vote

Who broke with their party

Every member who voted sided with their party's majority.

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 a resolution providing that no power…: House Vote, Dec 17…,” https://www.capitolreceipts.com/vote/38-H-24/to-pass-a-resolution-providing-that-no-power-is (accessed 2026-10-17).