Seth Kaller, Inc.

Inspired by History

The Withholding Resolution, from the Journal of the Senate

Feb 4, 1865:
Mr. [Lyman] Trumbull submitted the following resolution for consideration:
Resolved, That the article of amendment, proposed by Congress, to be added to the Constitution of the United States respecting the extinction of slavery therein, having been inadvertently presented to the President for his approval, it is hereby declared that such approval was unnecessary to give effect to the action of Congress in proposing said amendment, inconsistent with the former practice in reference to all amendments to the Constitution heretofore adopted, and being inadvertently done; should not constitute a precedent for the future, and the Secretary is hereby instructed not to communicate the notice of the approval of said proposed amendment, by the President, to the House of Representatives….

Feb 7, 1865:
The Senate proceeded to consider the resolution submitted by him the 4th instant, in relation to the presentation by the Committee on Enrolled Bills of the enrolled joint resolution (S. 16) "submitting to the legislatures of the several States a proposition to amend the Constitution of the United States" to the President for his approval, declaring such approval unnecessary, and directing the Secretary to withhold from the House of Representatives the message of the President informing the Senate that he had approved  and signed the same; and, after debate, the resolution was agreed to.

Also see Lincoln Need Not Have Signed the Resolution Submitting the Thirteenth Amendment to the States. Lincoln Lore, Bulletin of the Lincoln National Life Foundation, October, 1971.