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Fortieth United States Congress

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Fortieth United States Congress
Number40th
CaptionThe United States Capitol in 1869.
StartMarch 4, 1867
EndMarch 4, 1869
Vice presidentVacant, (Mar–Nov 1867), Schuyler Colfax, (Nov 1867–1869)
Pro temBenjamin Wade, (Mar–Nov 1867), Henry B. Anthony, (Nov 1867–1869)
SpeakerSchuyler Colfax, (Mar–Nov 1867), Theodore M. Pomeroy, (Mar 1869)
Senators68–74
Reps193–226
H-majorityRepublican
S-majorityRepublican
Sessionnumber11st
Sessionstart1March 4, 1867
Sessionend1December 1, 1867
Sessionnumber22nd
Sessionstart2December 2, 1867
Sessionend2November 10, 1868
Sessionnumber33rd
Sessionstart3December 7, 1868
Sessionend3March 4, 1869

Fortieth United States Congress met in Washington, D.C. from March 4, 1867, to March 4, 1869, during the final years of Andrew Johnson's tumultuous presidency. Dominated by Radical Republicans, it was a central battleground for Reconstruction policy following the American Civil War. This Congress passed landmark legislation to reshape the South and witnessed the impeachment of the president.

Major legislation

Key legislative acts focused on enforcing Radical Reconstruction and protecting civil rights. The pivotal Reconstruction Acts of 1867 divided the former Confederacy into military districts and mandated new state constitutions guaranteeing Black male suffrage. The Tenure of Office Act was passed to restrict President Johnson's power to dismiss officials, directly leading to his impeachment. Congress also readmitted several reconstructed states, including Arkansas and North Carolina, under the terms of these acts.

Leadership

Schuyler Colfax of Indiana served as Speaker of the House until his inauguration as Vice President in March 1869, succeeded briefly by Theodore M. Pomeroy. In the Senate, Benjamin Wade of Ohio was President pro tempore for most of the first session. Following the 1867 elections, Henry B. Anthony of Rhode Island assumed that leadership role. The Republican majorities in both chambers were led by influential figures like Thaddeus Stevens in the House and Charles Sumner in the Senate.

Members

This Congress featured a shifting membership due to the readmission of Southern states. The Senate began with 68 members, eventually seating 74, while the House grew from 193 to 226 representatives. Notable senators included Charles Sumner of Massachusetts, Lyman Trumbull of Illinois, and Edmund G. Ross of Kansas, whose vote acquitted Andrew Johnson. Prominent representatives included radical leader Thaddeus Stevens of Pennsylvania and future president James A. Garfield of Ohio. The first African-American members, Hiram Rhodes Revels and Joseph Hayne Rainey, were elected to the succeeding Congress.

Major events

The most dramatic event was the Impeachment of Andrew Johnson, initiated by the House in February 1868 and tried by the Senate, where Johnson was acquitted by a single vote in May. The presidential election of 1868 saw victory for Republican Ulysses S. Grant over Democrat Horatio Seymour. The Fourteenth Amendment was ratified on July 9, 1868. Congress also oversaw the military governance of the South under generals like Philip Sheridan and witnessed the signing of the Treaty of Fort Laramie (1868).

Committees

Significant standing committees wielded considerable power over Reconstruction. The House Appropriations Committee was established as a permanent committee during this term. The Senate Judiciary Committee and the House Judiciary Committee were deeply involved in impeachment proceedings and civil rights legislation. The Joint Committee on Reconstruction, though its official work concluded in the previous Congress, set the agenda that dominated the committee work of the Fortieth Congress.

States admitted and territories organized

No new states were admitted during this Congress, but its actions directly led to the readmission of several former Confederate states. Under the Reconstruction Acts, Arkansas was readmitted in June 1868, followed by North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida. The process for Virginia, Mississippi, and Texas was completed in the subsequent Congress. The Wyoming Territory was organized in 1868, and discussions continued regarding the status of the District of Columbia.

Category:40th United States Congress