40th United States Congress

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40th United States Congress
39th ← → 41st
United States Capitol (1869)

Duration: March 4, 1867 – March 4, 1869

Senate President: Vacant
Senate Pres. pro tem: Benjamin Wade
House Speaker: Schuyler Colfax
Theodore M. Pomeroy
Members: 68 Senators
226 Representatives
8 Non-voting members
Senate Majority: Republican
House Majority: Republican

Special: April 1, 1867 – April 20, 1867
1st: March 4, 1867 – December 1, 1867
2nd: December 2, 1867 – November 10, 1868
3rd: December 7, 1868 – March 4, 1869

The Fortieth 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, 1867 to March 4, 1869, during the third and fourth years of Andrew Johnson's U.S. Presidency. The apportionment of seats in the House of Representatives was based on the Eighth Census of the United States in 1860. Both chambers had a Republican majority.


Major events[edit]

Major legislation[edit]

Constitutional amendment[edit]

  • July 28, 1868: Fourteenth Amendment ratified
  • February 26, 1869: Fifteenth Amendment passed by Congress with a Senate vote of 39 Republican votes of "Yea", 8 Democrat & 5 Republican votes of "Nay" and with 13 Republican & 1 Democrat not voting.[1] The House of Representatives had already passed the amendment on on February 25, 1869 with 143 Republican & 1 Conservative Republican votes of "Yea", 39 Democrat, 3 Republican, 1 Independent Republican & 1 Conservative votes of "Nay" and with 26 Republican, 8 Democrat & 1 Independent Republican not voting.[2] Following congressional approval the proposed amendment was then sent by Secretary of State William Henry Seward to the states for ratification or rejection.[3]


Territories organized[edit]

Party summary[edit]

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.

During this Congress, Arkansas, Florida, Alabama, North Carolina, Louisiana, and South Carolina were readmitted to representation in both the Senate and the House. Georgia was readmitted with representation in the House only.


Affiliation Party
(Shading indicates majority caucus)
Other Vacant
End of previous Congress 9 41 (Unionist &

56 18
Begin 8 45 0 53 21
End 9 55 64 10
Final voting share 14.1% 85.9% 0.0%
Beginning of the next Congress 9 57 0 66 8

House of Representatives[edit]

Affiliation Party
(Shading indicates majority/plurality caucus)

Conservative Party
Other Vacant
End of previous Congress 41 134 1 0 0 (Unionist &

193 49
Begin 45 140 1 1 1 0 188 55
End 170 2 2 220 23
Final voting share 20.5% 78.6% 0.9% 0.0%
Beginning of the next Congress 65 150 0 0 0 0 215 28



House of Representatives[edit]


This list is arranged by chamber, then by state. Senators are listed in order of seniority, and Representatives are listed by district.


President pro tempore
Benjamin F. Wade

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 ended with this Congress, requiring reelection in 1868; Class 2 meant their term began in the last Congress, requiring reelection in 1870; and Class 3 meant their term began in this Congress, requiring reelection in 1872.

House of Representatives[edit]

Speaker of the House
Schuyler Colfax
Speaker of the House
Theodore M. Pomeroy

The names of members of the House of Representatives are preceded by their district numbers.

Changes in membership[edit]

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


  • replacements: 3
  • deaths: 1
  • resignations: 2
  • interim appointments: 1
  • seats from newly re-admitted states: 12
  • Total seats with changes: 16

Vacator Reason for change Successor Date of successor's
formal installation
Delaware (1) George R. Riddle (D) Died March 29, 1867 James A. Bayard, Jr. (D) April 5, 1867
Kentucky (2) James Guthrie (D) Resigned February 7, 1868 because of failing health Thomas C. McCreery (D) February 19, 1868
Maryland (3) Vacant Filled vacancy caused by action of the Senate in declining to permit Philip F. Thomas to qualify George Vickers (D) March 7, 1868
Arkansas (2) Vacant Arkansas re-admitted to the Union Alexander McDonald (R) June 22, 1868
Arkansas (3) Benjamin F. Rice (R) June 23, 1868
Florida (3) Vacant Florida re-admitted to the Union Thomas W. Osborn (R) June 25, 1868
Louisiana (2) Vacant Louisiana re-admitted to the Union John S. Harris (R) July 8, 1868
Louisiana (3) William P. Kellogg (R) July 9, 1868
Alabama (2) Vacant Alabama re-admitted to the Union Willard Warner (R) July 13, 1868
Alabama (3) George E. Spencer (R)
Maryland (1) Reverdy Johnson (D) Resigned July 10, 1868 William P. Whyte (D)
North Carolina (2) Vacant North Carolina re-admitted to the Union Joseph C. Abbott (R) July 14, 1868
North Carolina (3) John Pool (R)
South Carolina (2) Vacant South Carolina re-admitted to the Union Thomas J. Robertson (R) July 15, 1868
South Carolina (3) Frederick A. Sawyer (R) July 16, 1868
Florida (1) Vacant Florida re-admitted to the Union Adonijah Welch (R) July 17, 1868

House of Representatives[edit]

District Vacator Reason for change Successor Date successor
New Mexico Territory At-large Vacant Vacancy in term Charles P. Clever (D) September 2, 1867
Arkansas 1st Vacant Arkansas re-admitted into the Union Logan H. Roots (R) June 22, 1868
Arkansas 2nd James M. Hinds (R)
Arkansas 3rd Thomas Boles (R)
Kentucky 9th Vacant John D. Young presented credentials but failed to qualify. Election was contested by McKee. Samuel McKee (R) June 22, 1868
Florida At-large Vacant Florida re-admitted into the Union Charles M. Hamilton (R) July 1, 1868
North Carolina 4th Vacant North Carolina re-admitted into the Union John T. Deweese (R) July 6, 1868
North Carolina 7th Alexander H. Jones (R)
North Carolina 3rd Oliver H. Dockery (R) July 13, 1868
North Carolina 6th Nathaniel Boyden (C)
North Carolina 1st John R. French (R) July 15, 1868
Louisiana 1st Vacant Louisiana re-admitted into the Union J. Hale Sypher (R) July 18, 1868
Louisiana 2nd James Mann (D)
Louisiana 3rd Joseph P. Newsham (R)
Louisiana 4th Michel Vidal (R)
Louisiana 5th W. Jasper Blackburn (R)
South Carolina 1st Vacant South Carolina re-admitted into the Union Benjamin F. Whittemore (R) July 18, 1868
South Carolina 2nd Christopher C. Bowen (R)
South Carolina 4th James H. Goss (R)
North Carolina 5th Vacant North Carolina re-admitted into the Union Israel G. Lash (R) July 20, 1868
Alabama 2nd Vacant Alabama re-admitted into the Union Charles W. Buckley (R) July 21, 1868
Alabama 3rd Benjamin W. Norris (R)
Alabama 4th Charles W. Pierce (R)
Alabama 5th John B. Callis (R)
Alabama 6th Thomas Haughey (R)
Alabama 1st Francis W. Kellogg (R) July 22, 1868
Georgia 1st Vacant Georgia re-admitted into the Union Joseph W. Clift (R) July 25, 1868
Georgia 2nd Nelson Tift (D)
Georgia 3rd William P. Edwards (R)
Georgia 4th Samuel F. Gove (R)
Georgia 5th Charles H. Prince (R)
Georgia 7th Pierce M. B. Young (D)
North Carolina 2nd Vacant North Carolina re-admitted into the Union David Heaton (R) July 25, 1868
South Carolina 1st Vacant South Carolina re-admitted into the Union Manuel S. Corley (R) July 25, 1868
New York 21st Roscoe Conkling (R) Resigned March 4, 1867 after being elected to the US Senate Alexander H. Bailey (R) November 30, 1867
Kentucky 3rd Elijah Hise (D) Died May 8, 1867 Jacob Golladay (D) December 5, 1867
Pennsylvania 12th Charles Denison (D) Died June 27, 1867 George W. Woodward (D) November 21, 1867
Ohio 2nd Rutherford B. Hayes (R) Resigned July 20, 1867 after being nominated Governor of Ohio Samuel F. Cary (IR) November 21, 1867
Missouri 3rd Thomas E. Noell (D) Died October 3, 1867 James R. McCormick (D) December 17, 1867
Ohio 8th Cornelius S. Hamilton (R) Killed by insane son December 22, 1867 John Beatty (R) February 5, 1868
Missouri 5th Joseph W. McClurg (R) Resigned ????, 1868 after being elected Governor of Missouri John H. Stover (R) December 7, 1868
Pennsylvania 13th George W. Morgan (D) Lost contested election June 3, 1868 Columbus Delano (R) June 3, 1868
Pennsylvania 9th Thaddeus Stevens (R) Died August 11, 1868 Oliver J. Dickey (R) December 7, 1868
Pennsylvania 20th Darwin A. Finney (R) Died August 25, 1868 S. Newton Pettis (R) December 7, 1868
Louisiana 2nd James Mann (D) Died August 26, 1868 Vacant Not filled this term
Arkansas 2nd James M. Hinds (R) Assassinated October 22, 1868 James T. Elliott (R) January 13, 1869
New Mexico Territory At-large Charles P. Clever (D) Lost contested election February 20, 1869 J. Francisco Chaves (R) February 20, 1869



House of Representatives[edit]


  • 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[edit]