To concur in a Senate amendment to H.R. 334 (14 stat 209, 7/23/1866), an act to fix the number of justices on the U.S. Supreme court, and to change certain judi

On Jul 18, 1866, the House voted 78–41 (HR 334). Result: passed. By party: Republicans 76–19, Democrats 0–19, Others 2–3. It was a split vote: the parties took opposite sides, with some members crossing over. 19 members voted against their own party.

During the 39th Congress (1865–1866), Andrew Johnson was president, and Republicans held majorities in both the House and Senate.

Yes: 78
No: 41
Did not vote: 80
Date: Jul 18, 1866

By party

Republicans76 yes · 19 no · 41 didn’t vote
Democrats0 yes · 19 no · 25 didn’t vote
Others2 yes · 3 no · 14 didn’t vote

Who broke with their party

Samuel Larkin Warner R-CT voted no
John Adam Kasson R-IA voted no
Andrew Jackson Kuykendall R-IL voted no
Henry Dana Washburn R-IN voted no
George Sewel Boutwell R-MA voted no
Henry Laurens Dawes R-MA voted no
Thomas Estes Noell R-MO voted no
William Augustus Newell R-NJ voted no
Henry Jarvis Raymond R-NY voted no
John Augustus Griswold R-NY voted no
Robert Safford Hale R-NY voted no
Thomas Treadwell Davis R-NY voted no
Rufus Paine Spalding R-OH voted no
Martin Russell Thayer R-PA voted no
George Funston Miller R-PA voted no
James Kennedy Moorhead R-PA voted no
George Van Eman Lawrence R-PA voted no
Thomas Allen Jenckes R-RI voted no
Frederick Enoch Woodbridge R-VT 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 concur in a Senate amendment to H.R. 334…: House Vote, Jul 18, 1866,” https://www.capitolreceipts.com/vote/39-H-324/to-concur-in-a-senate-amendment-to-h-r (accessed 2026-10-17).