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38th United States Congress

 

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.

Contents

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

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: 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 13 30 7 0 50 20
Begin 10 31 4 3 48 21
End 33 3 4 50
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 56
Final voting share 39.3% 45.9% 1.1% 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.

House by state delegations

Speaker of the House
Schuyler Colfax

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
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. Seat remained vacant until 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. Seat remained vacant until 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 term
Delaware (1) James A. Bayard, Jr. (D) Resigned January 29, 1864 George R. Riddle (D) February 2, 1864
Maine (2) William P. Fessenden (R) Resigned July 1, 1864 after being appointed United States Secretary of the Treasury Nathan A. Farwell (R) October 27, 1864
Nevada (1) New seat Nevada admitted to the Union October 31, 1864. Seat remained vacant until February 1, 1865 William M. Stewart (R) February 1, 1865
Nevada (3) New seat Nevada admitted to the Union October 31, 1864. Seat remained vacant until February 1, 1865 James W. Nye (R) February 1, 1865
Maryland (3) Thomas H. Hicks (UU) Died February 14, 1865 Vacant Not filled this term

House of Representatives

  • replacements: 6
  • 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. 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 term

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.
  • 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
United States Congresses by year convened
   
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