38th United States Congress

38th United States Congress
37th   39th

United States Capitol (1861)

Duration: March 4, 1863 – March 4, 1865

Senate President: Hannibal Hamlin
Senate Pres. pro tem: Solomon Foot
Daniel Clark
House Speaker: Schuyler Colfax
Members: 52 Senators
184 Representatives
10 Non-voting members
Senate Majority: Republican
House Majority: Republican

Sessions
Special: March 4, 1863 – March 14, 1863
1st: December 7, 1863 – July 4, 1864
2nd: December 5, 1864 – March 4, 1865

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

Major legislation

Constitutional amendment

Treaties ratified

States and Territories

States admitted

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]

Territory organized

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 5022
Final voting share 20.0% 66.0% 6.0% 8.0%
Beginning of the next congress 11 37 0 1 49 23
Group photo of the U.S. House of Representatives, in 1863, during this Congress.

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

President of the Senate
Hannibal Hamlin

Senate

Majority (Republican) leadership

House of Representatives

Majority (Republican) leadership

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.

Alabama

  • 2. Vacant
  • 3. Vacant

Arkansas

  • 2. Vacant
  • 3. Vacant

California

Connecticut

Delaware

Florida

  • 1. Vacant
  • 3. Vacant

Georgia

  • 2. Vacant
  • 3. Vacant

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

  • 2. Vacant
  • 3. Vacant

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

  • 1. Vacant
  • 2. Vacant

Missouri

Nevada

New Hampshire

New Jersey

New York

North Carolina

  • 2. Vacant
  • 3. Vacant

Ohio

Oregon

Pennsylvania

Rhode Island

South Carolina

  • 2. Vacant
  • 3. Vacant

Tennessee

  • 1. Vacant
  • 2. Vacant

Texas

  • 1. Vacant
  • 2. Vacant

Vermont

Virginia

West Virginia

Wisconsin

President pro tempore Solomon Foot
President pro tempore Daniel Clark

House by state delegations

Speaker of the House
Schuyler Colfax

Alabama

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant
  • 6. Vacant

Arkansas

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant

California

All representatives were elected statewide on a general ticket.

Connecticut

Delaware

Florida

Georgia

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant
  • 6. Vacant
  • 7. Vacant

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant

Missouri

Nevada

New Hampshire

New Jersey

New York

North Carolina

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant
  • 6. Vacant
  • 7. Vacant

Ohio

Oregon

Pennsylvania

Rhode Island

South Carolina

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant

Tennessee

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant
  • 6. Vacant
  • 7. Vacant
  • 8. Vacant

Texas

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant

Vermont

Virginia

  • 1. Vacant
  • 2. Vacant
  • 3. Vacant
  • 4. Vacant
  • 5. Vacant
  • 6. Vacant
  • 7. Vacant
  • 8. Vacant
  • 9. Vacant, moved to West Virginia June 20, 1863
  • 10. Vacant, moved to West Virginia June 20, 1863
  • 11. Vacant, moved to West Virginia June 20, 1863

West Virginia

Wisconsin

Non-voting members

Changes in membership

The count below reflects changes from the beginning of the first session of this Congress.

Senate

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

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

House of Representatives

References

  1. Martis, Kenneth C., "Historical Atlas of Political Parties in the United States Congress: 1789-1989, 1989 ISBN 0-02-920170-5 p. 116.
  2. Emancipation Proclamation text found at Emancipation Proclamation, "Featured Texts" online at the National Archives and Records Administration. Viewed April 14, 2014.

External links

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