38th United States Congress
| 38th United States Congress | |||||||||||||||||||||||||||||
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The Thirty-eighth United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1863, to March 4, 1865, during the last two years of the first administration of U.S. President Abraham Lincoln. The apportionment of seats in the House of Representatives was based on the Eighth Census of the United States in 1860. The Senate had a Republican majority, and the House of Representatives had a Republican plurality.
Major events
- American Civil War, which had started in 1861, continued through this Congress and ended later in 1865
- January 8, 1863: Ground broken in Sacramento, California on the construction of the First Transcontinental Railroad in the United States
- November 19, 1863: Gettysburg Address
Major legislation
- April 22, 1864: Coinage Act of 1864, Sess. 1, ch. 66, 13 Stat. 54
- June 30, 1864: Yosemite Valley Grant Act, Sess. 1, 16 Stat. 48
- March 3, 1865: Freedmen's Bureau, Sess. 2, ch. 90, 13 Stat. 507
Constitutional amendment
- January 31, 1865: Thirteenth Amendment passed Congress with a Senate vote of 31 Republican, 2 Democrat, 1 Unionist & 4 Unconditional Unionist votes of "Yea", 5 Democrats & 1 Unionist votes of "Nay" with 3 Democrat, 2 Unionist & 1 Unconditional Unionist not voting. The House of Representatives passed on 84 Republican, 14 Democrat, 2 Independent Republican, 3 Unionist, 16 Unconditional Unionist votes of "Yea", 50 Democrat & 2 Unionist votes of "Nay" with 8 Democrat & 4 Unionist not voting and then sent to the states for ratification, 13 Stat. 567
Treaties ratified
- February 9, 1865: Chippewa Indians, 13 Stat. 393
States and Territories
States admitted
- June 19, 1863: West Virginia admitted (formed from a portion of Virginia), 13 Stat. 731 (See also 12 Stat. 633)
- October 31, 1864: Nevada admitted, 13 Stat. 749 (See also 13 Stat. 30)
States in rebellion
The Confederacy fielded armies and sustained the rebellion into a second Congress, but the Union did not accept secession and secessionists were not eligible for Congress. Elections held in Missouri and Kentucky seated all members to the House and Senate for the 38th Congress. Elections held among Unionists in Virginia, Tennessee and Louisiana were marred by disruption resulting in turnouts that were so low compared with 1860, that Congress did not reseat the candidates with a majority of the votes cast.[1]
- In rebellion 1862–64 according to the Emancipation Proclamation were Arkansas, Texas, Louisiana (parts), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina and Virginia (parts). Tennessee was not held to be in rebellion as of the end of 1862.[2]
Territory organized
- May 26, 1864: Montana Territory organized, Sess. 1, ch. 95, 13 Stat. 85
Party summary
The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, when they were first seated. Changes resulting from subsequent replacements are shown below in the "Changes in membership" section.
Senate
During this Congress, two seats were added for each of the new states of Nevada and West Virginia, thereby adding four new seats.
| Party (Shading shows control) |
Total | Vacant | ||||
|---|---|---|---|---|---|---|
| Democratic (D) |
Republican (R) | Unionist (U) | Unconditional Unionist (UU) | |||
| End of the previous congress | 12 | 30 | 7 | 0 | 49 | 19 |
| Begin | 10 | 31 | 4 | 3 | 48 | 20 |
| End | 33 | 3 | 4 | 50 | 22 | |
| Final voting share | 20.0% | 66.0% | 6.0% | 8.0% | ||
| Beginning of the next congress | 11 | 37 | 0 | 1 | 49 | 23 |
House of Representatives
Before this Congress, the 1860 United States Census and resulting reapportionment changed the size of the House to 241 members. During this Congress, one seat was added for the new state of Nevada, and three seats were reapportioned from Virginia to the new state of West Virginia.
| Affiliation | Party (Shading indicates majority/plurality caucus) |
Total | ||||||
|---|---|---|---|---|---|---|---|---|
| Democratic (D) |
Republican (R) |
Independent Republican (IR) |
Unionist (U) |
Unconditional Unionist (UU) |
Other | Vacant | ||
| End of previous Congress | 45 | 106 | 0 | 30 | 0 | 2 | 183 | 57 |
| Begin | 72 | 85 | 2 | 9 | 12 | 0 | 180 | 61 |
| End | 84 | 16 | 183 | 59 | ||||
| Final voting share | 39.3% | 47% | 4.9% | 8.7% | 0.0% | |||
| Beginning of the next Congress | 40 | 132 | 1 | 4 | 14 | 0 | 191 | 51 |
Leadership
Hannibal Hamlin
Senate
- President: Hannibal Hamlin (R)
- President pro tempore: Solomon Foot (R), until April 13, 1864
- Daniel Clark (R), elected April 26, 1864
Majority (Republican) leadership
House of Representatives
- Speaker: Schuyler Colfax (R)
Majority (Republican) leadership
- Republican Conference Chairman: Justin S. Morrill
- Chairman, Committee on Ways and Means: Thaddeus Stevens (R)
Members
This list is arranged by chamber, then by state. Senators are listed in order of seniority, and Representatives are listed by district.
Senate
Senators were elected by the state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers, which indicate the cycle of their election. In this Congress, Class 1 meant their term began in this Congress, requiring reelection in 1868; Class 2 meant their term ended in this Congress, requiring reelection in 1864; and Class 3 meant their term began in the last Congress, requiring reelection in 1866.
House by state delegations
Schuyler Colfax
Changes in membership
The count below reflects changes from the beginning of the first session of this Congress.
Senate
- replacements: 2
- Democratic: no net change
- Republican: no net change
- Unionist: no net change
- Unconditional Union: no net change
- deaths: 1
- resignations: 2
- interim appointments: 1
- seats of newly admitted seats: 4
- Total seats with changes: 4
| State (class) |
Vacator | Reason for change | Successor | Date of successor's formal installation |
|---|---|---|---|---|
| West Virginia (1) | New seat | West Virginia admitted to the Union June 19, 1863. Its first Senators were elected August 4, 1863. |
Peter G. Van Winkle (UU) | August 4, 1863 |
| West Virginia (2) | New seat | West Virginia admitted to the Union June 19, 1863. Its first Senators were elected August 4, 1863. |
Waitman T. Willey (UU) | August 4, 1863 |
| Missouri (3) | Robert Wilson (UU) | Successor elected for Sen. Waldo P. Johnson November 13, 1863. | B. Gratz Brown (UU) | November 13, 1863 |
| Virginia (1) | Lemuel J. Bowden (U) | Died January 2, 1864. | Vacant | Not filled this Congress |
| Delaware (1) | James A. Bayard, Jr. (D) | Resigned January 29, 1864 for unknown reasons. Successor elected January 29, 1864. |
George R. Riddle (D) | February 2, 1864 |
| Maine (2) | William P. Fessenden (R) | Resigned July 1, 1864, to become U.S. Secretary of the Treasury. Successor appointed October 27, 1864 to finish the term. |
Nathan A. Farwell (R) | October 27, 1864 |
| Nevada (1) | New seat | Nevada admitted to the Union October 31, 1864. Its first Senators were elected February 1, 1865. |
William M. Stewart (R) | February 1, 1865 |
| Nevada (3) | New seat | Nevada admitted to the Union October 31, 1864. Its first Senators were elected February 1, 1865. |
James W. Nye (R) | February 1, 1865 |
| Maryland (3) | Thomas H. Hicks (UU) | Died February 14, 1865. | Vacant | Not filled this Congress. |
House of Representatives
- replacements: 6
- Democratic: no net change
- Republican: no net change
- Unionist: no net change
- Unconditional Union: no net change
- deaths: 3
- resignations: 3
- contested election: 1
- seats of newly admitted seats: 4
- Total seats with changes: 7
| District | Vacator | Reason for change | Successor | Date successor seated |
|---|---|---|---|---|
| Arizona Territory At-large | Vacant | Territory organized in previous congress. Seat remained vacant until December 5, 1864. |
Charles D. Poston (R) | December 5, 1864 |
| Missouri 3rd | John W. Noell (UU) | Died March 14, 1863. | John G. Scott (D) | December 7, 1863 |
| Delaware At-large | William Temple (D) | Died May 28, 1863. | Nathaniel B. Smithers (UU) | December 7, 1863 |
| New York 14th | Erastus Corning (D) | Resigned October 5, 1863. | John V. L. Pruyn (D) | December 7, 1863 |
| West Virginia 1st | New State | West Virginia admitted to the Union June 19, 1863. Seat remained vacant until December 7, 1863. |
Jacob B. Blair (UU) | December 7, 1863 |
| West Virginia 2nd | New State | West Virginia admitted to the Union June 19, 1863. Seat remained vacant until December 7, 1863. |
William G. Brown, Sr. (UU) | December 7, 1863 |
| West Virginia 3rd | New State | West Virginia admitted to the Union June 19, 1863. Seat remained vacant until December 7, 1863. |
Kellian Whaley (UU) | December 7, 1863 |
| Idaho Territory At-large | New Territory | Territory organized February 1, 1864. | William H. Wallace (R) | February 1, 1864 |
| Illinois 5th | Owen Lovejoy (R) | Died March 25, 1864. | Ebon C. Ingersoll (R) | May 20, 1864 |
| Montana Territory At-large | New Territory | Territory organized May 26, 1864. Seat remained vacant until January 6, 1865. |
Samuel McLean (D) | January 6, 1865 |
| Missouri 1st | Francis P. Blair, Jr. (R) | Lost contested election June 10, 1864 | Samuel Knox (UU) | June 10, 1864 |
| Dakota Territory At-large | William Jayne | Lost contested election June 17, 1864 | John B. S. Todd (D) | June 17, 1864 |
| New York 1st | Henry G. Stebbins (D) | Resigned October 24, 1864. | Dwight Townsend (D) | December 5, 1864 |
| Nevada Territory At-large | Gordon N. Mott (R) | Nevada achieved statehood October 31, 1864 | District eliminated | |
| Nevada At-large | New State | Nevada admitted to the Union October 31, 1864. | Henry G. Worthington (R) | October 31, 1864 |
| New York 31st | Reuben Fenton (R) | Resigned December 20, 1864, after being elected Governor of New York. | Vacant | Not filled this Congress |
Employees
Senate
- Chaplain: Byron Sunderland (Presbyterian)
- Thomas Bowman (Methodist), elected May 11, 1864
- Secretary: John W. Forney
- Sergeant at Arms: George T. Brown
House of Representatives
- Chaplain: William H. Channing (Unitarian)
- Clerk: Edward McPherson
- Doorkeeper: Ira Goodnow
- Messenger: Thaddeus Morrice
- William D. Todd
- Postmaster: William S. King
- Sergeant at Arms: Nehemiah G. Ordway
References
- ↑ Martis, Kenneth C., "Historical Atlas of Political Parties in the United States Congress: 1789-1989, 1989 ISBN 0-02-920170-5 p. 116.
- ↑ Emancipation Proclamation text found at Emancipation Proclamation, "Featured Texts" online at the National Archives and Records Administration. Viewed April 14, 2014.
- Martis, Kenneth C. (1989). The Historical Atlas of Political Parties in the United States Congress. New York: Macmillan Publishing Company.
- Martis, Kenneth C. (1982). The Historical Atlas of United States Congressional Districts. New York: Macmillan Publishing Company.
External links
- Statutes at Large, 1789-1875
- Senate Journal, First Forty-three Sessions of Congress
- House Journal, First Forty-three Sessions of Congress
- Biographical Directory of the U.S. Congress
- U.S. House of Representatives: House History
- U.S. Senate: Statistics and Lists
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