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I was reading the history of the 13th Amendment. After creating the Emancipation Proclamation, Abraham Lincoln realized that he would need to amend the Constitution to truly end slavery. His attempts to change the Constitution were ultimately successful, as the House passed the bill in January 1865 with a vote of 119–56.

That made me wonder are the 56 people who voted against the abolishment of slavery known in posterity? Are the ballots in Congress anonymous or is there the implicit part of voting that your name will be etched into infamy if your vote goes against public sentiment?

I wonder what exactly are the rules on anonymous voting in congress?

2 Answers 2

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The yeas and nays are entered in the public journal upon the desire of one-fifth present. Section 5 of Article I of the Constitution says:

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Here is the The Journal of the House of Representatives entry for the vote you ask about:

list of all votes grouped by Yea/Nay/Abstained; see link below

It is also visualized here: Roll Call Votes: House Vote #480 in 1865 (38th Congress


That same Section also allows the House to keep any part of its proceedings secret that it judges to require secrecy. The history of this practice is reviewed nicely by ohwilleke on this answer over at the Politics StackExchange.

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    This is why they often call for a vote even when they know it will fail -- they want the members who vote against it to be on the record. Commented Feb 17, 2025 at 17:23
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    @Jen as the quoted language indicates, however, a vote may be kept secret according to the terms that Congress establishes, even if the votes are actually recorded. This is done only very rarely, however, in the modern U.S. Congress, and usually only for matters related to appropriations for covert operations. Commented Feb 17, 2025 at 22:57
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    Also worth noting that intra-party votes can be anonymous as those are not actual Congressional votes subject to the U.S. Constitution. Related politics.stackexchange.com/questions/89843/… Commented Feb 17, 2025 at 23:45
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    Looks like New York, Illinois, and Ohio were the states still in the Union most strongly against the abolition of slavery. I find that surprising. Commented Feb 18, 2025 at 17:06
  • Who decides (or rather, how many people decide) secrecy? Commented Feb 19, 2025 at 4:21
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The only time the votes are anonymous is when they are viva voce and one-fifth of the members present do not request a roll call vote.

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    Even then, a vote isn't really anonymous; it's just not recorded. Anyone in the chamber can see/hear how you voted. Commented Feb 17, 2025 at 16:22
  • @bdb484 you'd have to be in the chamber, with enough cameras to record the whole chamber with enough resolution and audio accuracy to see everyone's response. Otherwise, the member can deny. Commented Feb 18, 2025 at 16:23
  • Everything is deniable, even with video evidence. That doesn't make everything anonymous. Commented Feb 18, 2025 at 20:02
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    @bdb484 while theoretically possible historically, in the modern era CSPAN broadcasts make anonymity effectively impossible. Historically I suspect there'd almost always be enough staffers and reporters taking notes about who voted what way that denials would mostly be discreditable. Commented Feb 19, 2025 at 1:24

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