38th United States Congress

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The Thirty-eighth United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the United States Senate and the U.S. House of Representatives. It met in Washington, D.C. from March 4, 1863 to March 3, 1865, during the last two years of the first administration of U.S. President Abraham Lincoln.

The apportionment of seats in this House of Representatives was based on the Eighth Census of the United States in 1860. Both chambers had a Republican majority.

Dates of sessions

March 4, 1863 - March 3, 1865

  • Special session of the Senate: March 4, 1863 – March 14, 1863
  • First session: December 7, 1863- July 4, 1864
  • Second session: December 5, 1864 - March 3, 1865
  • Previous congress: 37th Congress
  • Next congress: 39th Congress

Party summary

West Virginia and Nevada were newly admitted to the Union and first represented as states in this Congress.

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

TOTAL members: 52

House of Representatives

TOTAL members: 184

Leadership

Senate
House of Representatives
Senate
House of Representatives

Major events

Events of 1863, 1864 and 1865

  • American Civil War, which had started in 1861, continued through this Congress and ended later in 1865

Major legislation

List of United States federal legislation in the 38th Congress

Membership highlights by chamber

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

House of Representatives

Alabama
  • All seats vacant
Arkansas
  • All seats vacant
California [1]
Connecticut
Delaware
Florida
  • All seats vacant
Georgia
  • All seats vacant
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
  • All seats vacant
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
  • All seats vacant
Missouri
Nevada
New Hampshire
New Jersey
New York
North Carolina
  • All seats vacant
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
  • All seats vacant
Tennessee
  • All seats vacant
Texas
  • All seats vacant
Vermont
Virginia
  • All seats vacant
West Virginia
Wisconsin

Delegates

Arizona Territory
Colorado Territory
Dakota Territory
Idaho Territory
Montana Territory
Nebraska Territory
Nevada Territory
New Mexico Territory
Utah Territory
Washington Territory


Membership detail by state

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.

The names of members of the House of Representatives elected statewide on the general ticket or otherwise at-large, are preceded by an "A/L," and the names of those elected from districts, whether plural or single member, are preceded by their district numbers.

Many of the congressional district numbers are linked to articles describing the district itself. Since the boundaries of the districts have changed often and substantially, the linked article may only describe the district as it exists today, and not as it was at the time of this Congress.

The list below is arranged by state, then by chamber. Senators are shown in order of seniority, House members in district order.

Alabama

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (6 seats)
  • all seats vacant

Arkansas

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (3 seats)
  • all seats vacant

California

Senate
House of Representatives (3 seats) [2]

Connecticut

Senate
House of Representatives (4 seats)

Delaware

Senate
House of Representatives (1 seat)

Florida

Senate
  • 1: vacant
  • 3: vacant
House of Representatives (1 seat)
  • all seats vacant

Georgia

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (7 seats)
  • all seats vacant

Illinois

Senate
House of Representatives (14 seats)

Indiana

Senate
House of Representatives (11 seats)

Iowa

Senate
House of Representatives (6 seats)

Kansas

Senate
House of Representatives (1 seat)

Kentucky

Senate
House of Representatives (9 seats)

Louisiana

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (5 seats)
  • all seats vacant

Maine

Senate
House of Representatives (5 seats)

Maryland

Senate
House of Representatives (5 seats)

Massachusetts

Senate
House of Representatives (10 seats)

Michigan

Senate
House of Representatives (6 seats)

Minnesota

Senate
House of Representatives (2 seats)

Mississippi

Senate
  • 1: vacant
  • 2: vacant
House of Representatives (5 seats)
  • all seats vacant

Missouri

Senate
  • 1: John B. Henderson (1826-1913), Unconditional Unionist
  • 3: Robert Wilson (1803-1870), Unconditional Unionist …appointed to fill vacancy, served until November 13, 1863.
    B. Gratz Brown (1826-1885), Unconditional Unionist ...elected to fill vacancy, November 13, 1863.
House of Representatives (9 seats)

Nevada

Senate
House of Representatives (1 seat)

New Hampshire

Senate
House of Representatives (3 seats)

New Jersey

Senate
House of Representatives (5 seats)

New York

Senate
House of Representatives (31 seats)

North Carolina

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (7seats)
  • all seats vacant

Ohio

Senate
House of Representatives (19 seats)

Oregon

Senate
House of Representatives (1 seat)

Pennsylvania

Senate
House of Representatives (24 seats)

Rhode Island

Senate
House of Representatives (2 seats)

South Carolina

Senate
  • 2: vacant
  • 3: vacant
House of Representatives (4 seats)
  • all seats vacant

Tennessee

Senate
  • 1: vacant
  • 2: vacant
House of Representatives (8 seats)
  • all seats vacant

Texas

Senate
  • 1: vacant
  • 2: vacant
House of Representatives (4 seats)
  • all seats vacant

Vermont

Senate
House of Representatives (3 seats)

Virginia

Senate
House of Representatives (8 seats)
  • all seats vacant

West Virginia

Senate
  • 1: Peter G. Van Winkle (1808-1872), Unconditional Unionist ...newly admitted state, elected August 4, 1863.
  • 2: Waitman T. Willey (1811-1900), Unconditional Unionist ...newly admitted state, elected August 4, 1863.
House of Representatives (3 seats)
  • 1: Jacob B. Blair (1821-1901), Unconditional Unionist ...new state, seated December 7, 1863.
  • 2: William G. Brown, Sr. (1800-1884), Unconditional Unionist ...new state, seated December 7, 1863.
  • 3: Kellian V. Whaley (1821-1876), Unconditional Unionist ...new state, seated December 7, 1863.

Wisconsin

Senate
House of Representatives (6 seats)

Delegates

Arizona Territory
Colorado Territory
Dakota Territory
Idaho Territory
Montana Territory
Nebraska Territory
Nevada Territory
New Mexico Territory
Utah Territory
Washington Territory


Membership detail by Chamber/Party

The list below is arranged by chamber, then by political party. Members are shown in alphabetical order.

Senate

Senators were elected by the state legislatures every two years, with one-third beginning new six year terms with each Congress.

Democratic
A-F
G-O
P-Z
Republican
A-F
G-O
P-Z
Unconditional Unionist
A-O
O-Z
Unionist

House of Representatives

Members of the House of Representatives were elected by popular vote, variously to single member districts or at-large.

Democratic
A-B-C
D-E-F
G-H-I
M-N-O
P-Q-R
S-T-U-V
W-X-Y-Z
Republican
A-B-C
D-E-F
G-H-I
M-N-O
P-Q-R
S-T-U-V
W-X-Y-Z
Independent Republican
Unconditional Unionist
A-F
G-O
P-Z
Unionist
A-F
G-O
P-Z

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

Officers

Senate
Other
House of Representatives

References

  1. All representatives were elected statewide on a general ticket.
  2. all representatives were elected statewide on a general ticket