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38th United States Congress

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38th United States Congress
37th ←
→ 39th

March 4, 1863 – March 4, 1865
Members52 senators
184 representatives
10 non-voting delegates
Senate majorityRepublican
Senate PresidentHannibal Hamlin (R)
House majorityRepublican
House SpeakerSchuyler Colfax (R)
Sessions
Special: March 4, 1863 – March 14, 1863
1st: December 7, 1863 – July 4, 1864
2nd: December 5, 1864 – March 3, 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

  • 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

States and Territories

States admitted

States in rebellion

House seats by party holding plurality in state
  80.1-100% Democratic
  80.1-100% Republican
  60.1-80% Democratic
  60.1-80% Republican
  Up to 60% Democratic
  Up to 60% Republican

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

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 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 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
style="background-color:Template:Democratic Party (United States)/meta/color" | style="background-color:Template:Republican Party (United States)/meta/color" | style="background-color:Template:Republican Party (United States)/meta/color" | style="background-color:Template:Unionist Party (United States)/meta/color" | style="background-color:Template:Unionist Party (United States)/meta/color" | style="background-color:Template:Independent Party (United States)/meta/color" |
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 by class, and Representatives are listed by district.

Skip to House of Representatives, below

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 of Representatives

Changes in membership

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

Senate

  • replacements: 2
  • deaths: 1
  • resignations: 2
  • interim appointments: 1
  • seats of newly admitted seats: 4
  • Total seats with changes: 4

Template:Ordinal US Congress Senate

|- | West Virginia (1) | New seat | West Virginia admitted to the Union June 19, 1863.
Its first Senators were elected August 4, 1863. | nowrap style="background:#FFAABB" | 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. | nowrap style="background:#FFAABB" | Waitman T. Willey (UU) | August 4, 1863

|- | Missouri (3) | nowrap style="background:#FFAABB" | Robert Wilson (UU) | Successor elected for Sen. Waldo P. Johnson November 13, 1863. | nowrap style="background:#FFAABB" | B. Gratz Brown (UU) | November 13, 1863

|- | Virginia (1) | nowrap style="background:#ffaacc" | Lemuel J. Bowden (U) | Died January 2, 1864. | Vacant | Not filled this Congress

|- | Delaware (1) | nowrap style="color:black;background-color:#B0CEFF" | James A. Bayard, Jr. (D) | Resigned January 29, 1864 for unknown reasons.
Successor elected January 29, 1864. | nowrap style="color:black;background-color:#B0CEFF" | George R. Riddle (D) | February 2, 1864

|- | Maine (2) | nowrap style="background-color:#FFB6B6" | 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. | nowrap style="background-color:#FFB6B6" | 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. | nowrap style="background-color:#FFB6B6" | 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. | nowrap style="background-color:#FFB6B6" | James W. Nye (R) | February 1, 1865

|- | Maryland (3) | nowrap style="background:#FFAABB" | Thomas H. Hicks (UU) | Died February 14, 1865. | Vacant | Not filled this Congress.

|}

House of Representatives

  • replacements: 6
  • deaths: 3
  • resignations: 3
  • contested election: 1
  • seats of newly admitted seats: 4
  • Total seats with changes: 7

Template:Ordinal US Congress Rep

|- | Arizona Territory At-large | Vacant | Territory organized in previous congress.
Seat remained vacant until December 5, 1864. | nowrap style="background-color:#FFB6B6" | Charles D. Poston (R) | December 5, 1864

|- | Missouri 3rd | nowrap style="background:#ffaacc" | John W. Noell (UU) | Died March 14, 1863. | nowrap style="color:black;background-color:#B0CEFF" | John G. Scott (D) | December 7, 1863

|- | Delaware At-large | nowrap style="color:black;background-color:#B0CEFF" | William Temple (D) | Died May 28, 1863. | nowrap style="background:#ffaacc" | Nathaniel B. Smithers (UU) | December 7, 1863

|- | New York 14th | nowrap style="color:black;background-color:#B0CEFF" | Erastus Corning (D) | Resigned October 5, 1863. | nowrap style="color:black;background-color:#B0CEFF" | 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. | nowrap style="background:#ffaacc" | 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. | nowrap style="background:#ffaacc" | 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. | nowrap style="background:#ffaacc" | Kellian Whaley (UU) | December 7, 1863

|- | Idaho Territory At-large | New Territory | Territory organized February 1, 1864. | nowrap style="background-color:#FFB6B6" | William H. Wallace (R) | February 1, 1864

|- | Illinois 5th | nowrap style="background-color:#FFB6B6" | Owen Lovejoy (R) | Died March 25, 1864. | nowrap style="background-color:#FFB6B6" | 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. | nowrap style="color:black;background-color:#B0CEFF" | Samuel McLean (D) | January 6, 1865

|- | Missouri 1st | nowrap style="background-color:#FFB6B6" | Francis P. Blair, Jr. (R) | Lost contested election June 10, 1864 | nowrap style="background:#ffaacc" | Samuel Knox (UU) | June 10, 1864

|- | Dakota Territory At-large | nowrap | William Jayne | Lost contested election June 17, 1864 | nowrap style="color:black;background-color:#B0CEFF" | John B. S. Todd (D) | June 17, 1864

|- | New York 1st | nowrap style="color:black;background-color:#B0CEFF" | Henry G. Stebbins (D) | Resigned October 24, 1864. | nowrap style="color:black;background-color:#B0CEFF" | Dwight Townsend (D) | December 5, 1864

|- | Nevada Territory At-large | nowrap style="background-color:#FFB6B6" | Gordon N. Mott (R) | Nevada achieved statehood October 31, 1864 | colspan=2 | District eliminated

|- | Nevada At-large | New State | Nevada admitted to the Union October 31, 1864. | nowrap style="background-color:#FFB6B6" | Henry G. Worthington (R) | October 31, 1864

|- | New York 31st | nowrap style="background-color:#FFB6B6" | Reuben Fenton (R) | Resigned December 20, 1864, after being elected Governor of New York. | Vacant | Not filled this Congress

|}

Committees

Lists of committees and their party leaders.

Senate

House of Representatives

Joint appointments

Employees

Senate

House of Representatives

See also

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.
  • Martis, Kenneth C. (1989). The Historical Atlas of Political Parties in the United States Congress. New York: Macmillan Publishing Company. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Martis, Kenneth C. (1982). The Historical Atlas of United States Congressional Districts. New York: Macmillan Publishing Company. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)