38th United States Congress

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38th United States Congress
37th ←
→ 39th
LincolnInauguration1861a.jpg
United States Capitol (1861)
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 38th 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[]

See also: 1863 in the United States, 1864 in the United States, and 1865 in the United States
  • 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
  • November 8, 1864: President Abraham Lincoln is reelected, defeating George McClellan.

Major legislation[]

Main article: List of United States federal legislation § 38th United States Congress
  • 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

Major bills not enacted[]

Constitutional amendments[]

  • January 31, 1865: Approved an amendment to the United States Constitution abolishing slavery in the United States and involuntary servitude, except as punishment for a crime, and submitted it to the state legislatures for ratification 13 Stat. 567
    • Amendment was later ratified on December 6, 1865, becoming the Thirteenth Amendment to the United States Constitution

Treaties ratified[]

  • February 9, 1865: Chippewa Indians, 13 Stat. 393

States admitted and territories organized[]

States[]

  • 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)

Territories[]

  • May 26, 1864: Montana Territory organized, Sess. 1, ch. 95, 13 Stat. 85

States in rebellion[]

Main article: Confederate States of America
See also: Secession in the United States

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]

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 11 30 7 0 48 20
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[]

House seats by party holding plurality in state
  Over 80% Democratic
  Over 80% Republican
  60+% to 80% Democratic
  60+% to 80% Republican
  Up to 60% Democratic
  Up to 60% Republican

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.

Party
(shading shows control) 		Total Vacant
Democratic
(D) 		Republican
(R)		Independent
Republican
(IR)		Unionist
(U)		Unconditional
Unionist
(UU)		Other
End of previous congress 45 106 0 30 0 2 183 57
Begin 72 85 2 9 12 0 180 61
End 84 16 18359
Final voting share 39.3% 45.9% 1.1% 4.9% 8.7% 0.0%
Beginning of next congress 40 132 1 4 14 0 191 51

Leadership[]

President of the Senate
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[]

  • Republican Conference Chairman: Henry B. Anthony

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 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
    • 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 states: 4
  • Total seats with changes: 4
See also: List of special elections to the United States Senate
State
(class) 		Vacated by Reason for change Successor Date of successor's
formal installation[a]
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
See also: List of special elections to the United States House of Representatives
District Vacated by Reason for change Successor Date of successor's
formal installation[a]
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

Committees[]

Lists of committees and their party leaders, for members (House and Senate) of the committees and their assignments, go into the Official Congressional Directory at the bottom of the article and click on the link (2 links), in the directory after the pages of representatives biographies, you will see the committees of the Senate, House (Standing with Subcommittees, Select and Special) and Joint and after the committee pages, you will see the House/Senate committee assignments in the directory, on the committees section of the House and Senate in the Congressional Directory, the committee's members on the first row on the left side is the chairman and on the right side is the ranking member.

Senate[]

  • Agriculture (John Sherman, Chair)
  • Audit and Control the Contingent Expenses of the Senate (James Dixon, Chair)
  • Claims (Daniel Clark, Chair)
  • Commerce (Zachariah Chandler, Chair)
  • (Select)
  • District of Columbia (James W. Grimes, Chair)
  • Engrossed Bills (Henry S. Lane, Chair)
  • Finance (William P. Fessenden, Chair)
  • Foreign Relations (Charles Sumner, Chair)
  • Indian Affairs (James Rood Doolittle, Chair)
  • Judiciary (Lyman Trumbull, Chair)
  • Manufactures (Zachariah Chandler, Chair)
  • Military Affairs (Henry Wilson, Chair)
  • Naval Affairs (John P. Hale, Chair)
  • (Select)
  • (Select)
  • (Select)
  • (Select) (Jacob M. Howard, Chair)
  • Patents and the Patent Office (Edgar Cowan, Chair)
  • Pensions (, Chair)
  • Post Office and Post Roads (Jacob Collamer, Chair)
  • Private Land Claims (Ira Harris, Chair)
  • Public Buildings and Grounds (Solomon Foot, Chair)
  • Public Lands (James Harlan, Chair)
  • (N/A, Chair)
  • Revolutionary Claims (Morton S. Wilkinson, Chair)
  • (Select)
  • Tariff Regulation (Select)
  • Territories (Benjamin F. Wade, Chair)
  • Whole

House of Representatives[]

  • Accounts (Edward H. Rollins, Chair)
  • Agriculture (Brutus J. Clay, Chair)
  • Banking and Currency (N/A, Chair)
  • (Select)
  • Claims (James T. Hale, Chair)
  • Commerce (Elihu B. Washburne, Chair)
  • District of Columbia (Owen Lovejoy, Chair)
  • Elections (Henry L. Dawes, Chair)
  • Expenditures in the Interior Department (Thomas B. Shannon, Chair)
  • Expenditures in the Navy Department (Portus Baxter, Chair)
  • Expenditures in the Post Office Department (Theodore M. Pomeroy, Chair)
  • Expenditures in the State Department (Frederick A. Pike, Chair)
  • Expenditures in the Treasury Department (Amos Myers, Chair)
  • Expenditures in the War Department (Henry C. Deming, Chair)
  • Expenditures on Public Buildings (John W. Longyear, Chair)
  • Foreign Affairs (Henry Winter Davis, Chair)
  • Indian Affairs (William Windom, Chair)
  • Invalid Pensions (Kellian V. Whaley, Chair)
  • Judiciary (James F. Wilson, Chair)
  • Manufactures (James K. Moorhead, Chair)
  • Mileage (James C. Robinson, Chair)
  • Military Affairs (Robert C. Schenck, Chair)
  • Militia (Robert B. Van Valkenburgh, Chair)
  • Naval Affairs (Alexander H. Rice, Chair)
  • Patents (Thomas A. Jenckes, Chair)
  • Post Office and Post Roads (John B. Alley, Chair)
  • Private Land Claims (M. Russell Thayer, Chair)
  • Public Buildings and Grounds (John H. Rice, Chair)
  • Public Expenditures (Calvin T. Hulburd, Chair)
  • Public Lands (George W. Julian, Chair)
  • Revisal and Unfinished Business (Sempronius H. Boyd, Chair)
  • Revolutionary Claims (Hiram Price, Chair)
  • Revolutionary Pensions (Dewitt C. Littlejohn, Chair)
  • Roads and Canals (Isaac N. Arnold, Chair)
  • Rules (Select)
  • Standards of Official Conduct
  • Territories (James M. Ashley, Chair)
  • Ways and Means (Thaddeus Stevens, Chair)
  • Whole

Joint appointments[]

  • Conditions of Indian Tribes (Special)
  • Conduct of the War
  • Enrolled Bills (Sen. Timothy Howe, Chair)
  • The Library (Sen. Jacob Collamer, Chair)
  • Printing (Sen. Henry B. Anthony, Chair)

Caucuses[]

  • Democratic (House)
  • Democratic (Senate)

Employees[]

Legislative branch agency directors[]

  • Architect of the Capitol: Thomas U. Walter
  • Librarian of Congress: John Gould Stephenson, until 1864
    • Ainsworth Rand Spofford, from 1864

Senate[]

  • Chaplain: Byron Sunderland (Presbyterian), until May 11, 1864
    • 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: Emerson Etheridge, until December 7, 1863
    • Edward McPherson, from December 7, 1863
  • Doorkeeper:
  • Messenger:
  • Postmaster: William S. King
  • Reading Clerks:[data unknown/missing]
  • Sergeant at Arms: Edward Ball, until December 7, 1863
    • Nehemiah G. Ordway, from December 7, 1863

See also[]

  • United States elections, 1862 (elections leading to this Congress)
    • United States Senate elections, 1862 and 1863
    • United States House of Representatives elections, 1862
  • United States elections, 1864 (elections during this Congress, leading to the next Congress)
    • 1864 United States presidential election
    • United States Senate elections, 1864 and 1865
    • United States House of Representatives elections, 1864

Notes[]

  1. ^ a b When seated or oath administered, not necessarily when service began.

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[]

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