To sustain the decision of the chair that agreement to the proposition of the house (relative to H.J.RES. 402) is not amendable at this stage. (p. 1295-1, 2)

On Feb 17, 1869, the Senate voted 33–12 (HJR 402). Result: passed. By party: Republicans 31–6, Democrats 2–6. It was a split vote: the parties took opposite sides, with some members crossing over. 8 members voted against their own party.

During the 40th Congress (1867–1868), Andrew Johnson was president, and Republicans held majorities in both the House and Senate.

Yes: 33
No: 12
Did not vote: 24
Date: Feb 17, 1869

By party

Republicans31 yes · 6 no · 20 didn’t vote
Democrats2 yes · 6 no · 4 didn’t vote

Who broke with their party

Willard Warner R-AL voted no
James Dixon R-CT voted no
Thomas Clay Mccreery D-KY voted yes
John Pool R-NC voted no
Charles Rollin Buckalew D-PA voted yes
Thomas James Robertson R-SC voted no
Joseph Smith Fowler R-TN voted no
James Rood Doolittle R-WI 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 sustain the decision of the chair that…: Senate Vote, Feb 17, 1869,” https://www.capitolreceipts.com/vote/40-S-653/to-sustain-the-decision-of-the-chair-that-agreement (accessed 2026-10-18).