To suspend rules and introduce H. R. 1080, a bill to enforce a provision of the eighth amendment to the United States constitution relating to cruel and unusual

On Jan 28, 1867, the House voted 104–38 (HR 1080). Result: passed. By party: Republicans 101–6, Democrats 0–28, Others 3–4. It was a party-line vote: most Democrats and most Republicans voted on opposite sides. 6 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: 104
No: 38
Did not vote: 57
Date: Jan 28, 1867

By party

Republicans101 yes · 6 no · 29 didn’t vote
Democrats0 yes · 28 no · 16 didn’t vote
Others3 yes · 4 no · 12 didn’t vote

Who broke with their party

John Denison Baldwin R-MA voted no
Thomas Estes Noell R-MO voted no
James Mitchell Ashley R-OH voted no
John Armor Bingham R-OH voted no
Rufus Paine Spalding R-OH voted no
Thomas Allen Jenckes R-RI 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 suspend rules and introduce H. R. 1080, a…: House Vote, Jan 28…,” https://www.capitolreceipts.com/vote/39-H-487/to-suspend-rules-and-introduce-h-r-1080-a (accessed 2026-10-17).