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40th United States Congress

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40th United States Congress
Number40th
CaptionThe United States Capitol in 1869.
StartMarch 4, 1867
EndMarch 4, 1869
Vice-presidentAndrew Johnson (D)(P)
Pro-temporeBenjamin Wade (R)
SpeakerSchuyler Colfax (R)
Senators68
Reps226
Session-start1March 4, 1867
Session-end1December 1, 1867
Session-start2December 2, 1867
Session-end2November 10, 1868
Session-start3December 7, 1868
Session-end3March 4, 1869

40th United States Congress was a meeting of the legislative branch of the federal government, composed of the Senate and the House of Representatives. It convened in Washington, D.C. from March 4, 1867, to March 4, 1869, during the last two years of Andrew Johnson's tumultuous presidency. Dominated by Radical Republicans, this Congress was central to the Reconstruction Era and famously impeached President Johnson, though he was acquitted by a single vote in the Senate. Key legislative actions included the passage of the Reconstruction Acts and the ratification of the Fourteenth Amendment.

Major legislation

The legislative agenda was overwhelmingly focused on Reconstruction and curbing the power of the executive branch. The most significant acts were the series of Reconstruction Acts, which divided the former Confederacy into military districts and established requirements for readmission to the Union, including ratification of the Fourteenth Amendment. Other landmark laws included the Tenure of Office Act, which restricted the president's power to remove certain officeholders without Senate approval and became the central charge in Johnson's impeachment. Congress also passed the Command of the Army Act, requiring all military orders from the president to go through the General of the Army, Ulysses S. Grant.

Party summary

The Republican Party held commanding majorities in both chambers, bolstered by the continued exclusion of most Southern delegations. In the Senate, Republicans held 42 seats, while Democrats held 11, with an additional 15 vacancies primarily from former Confederate states. The House of Representatives saw a similar imbalance, with 143 Republicans, 49 Democrats, and several vacancies. This lopsided division empowered the Radical Republicans, a faction led by figures like Thaddeus Stevens and Charles Sumner, to drive a hardline Reconstruction agenda over the objections of President Johnson and congressional Democrats.

Leadership

Schuyler Colfax of Indiana served as Speaker of the House, a powerful position from which he managed the Republican legislative program. In the Senate, Benjamin Wade of Ohio presided as President pro tempore. Because Vice President Andrew Johnson had ascended to the presidency following the assassination of Abraham Lincoln, the Senate's presiding officer was technically vacant, making Wade first in the presidential line of succession. Other key leaders included House floor manager Thaddeus Stevens of Pennsylvania and Senate stalwarts like Charles Sumner of Massachusetts and William P. Fessenden of Maine.

Members

The membership included many prominent political figures of the era. The Senate roster featured future president Benjamin Harrison of Indiana and influential senators like John Sherman of Ohio and Lyman Trumbull of Illinois. The House contained a mix of veteran legislators and newcomers, including James A. Garfield of Ohio, a future president, and Henry L. Dawes of Massachusetts. Notably, several seats representing former Confederate states remained vacant or were filled by representatives not yet granted full congressional privileges, as their states had not been readmitted under the terms of the Reconstruction Acts.

Major events

The most dramatic event was the Impeachment of Andrew Johnson, initiated by the House in February 1868 and culminating in a Senate trial where Johnson was acquitted by a single vote. The Alaska Purchase, negotiated by Secretary of State William H. Seward, was formally ratified by the Senate during this Congress. The period also saw the readmission of several Southern states, including Arkansas, Florida, North Carolina, South Carolina, Louisiana, Alabama, and Georgia, following their compliance with congressional Reconstruction mandates. Furthermore, the Fourteenth Amendment was officially ratified on July 9, 1868, a cornerstone achievement of this Congress.

Category:40th United States Congress