40th United States Congress

40th United States Congress
Number	40th
Start	March 4, 1867
End	March 4, 1869
Vice president	Andrew Johnson (until 1869)
President pro tempore	Benjamin Wade (Republican)
Speaker	Schuyler Colfax (Republican)
Senators	74 (seated)
Representatives	243 (seated)
Majority	Republican Party
Session1	1st (extra) — March 4, 1867 – April 20, 1867
Session2	2nd — December 2, 1867 – April 20, 1868
Session3	3rd — December 7, 1868 – March 4, 1869

40th United States Congress convened in the midst of Reconstruction era turmoil and the aftermath of the American Civil War. Dominated by the Republicans, the 40th Congress confronted issues including the readmission of Former Confederate States, civil rights for African Americans, impeachment of Andrew Johnson, economic recovery, and western expansion. Its actions shaped major constitutional and legislative precedents affecting relationships among the Presidency, the United States Senate, and the United States House of Representatives.

Background and Composition

The 40th Congress assembled after the 1866 elections, which delivered a decisive victory for the Radical Republicans led by figures such as Thaddeus Stevens, Charles Sumner, and Benjamin Wade. Returning members included veterans from the 39th Congress like Schuyler Colfax and newcomers aligned with Reconstruction Acts enforcement. The Senate roster reflected contested readmissions: delegations from Virginia, North Carolina, South Carolina, Georgia, and other Confederate states were partially excluded or seated subject to conditions, creating fluctuating membership tied to state ratification of the Fourteenth Amendment and compliance with Reconstruction Acts.

Major Legislation and Resolutions

Legislative priorities produced landmark statutes and measures. Congress passed the Tenure of Office Act and the First Reconstruction Act implementations, framing limits on the Presidential veto and federal military authority in the South. It authorized funding for Freedmen's Bureau operations and approved measures concerning the Transcontinental Railroad and land distribution via the Homestead Act. Debates produced key resolutions on civil rights culminating in enforcement actions under the Civil Rights Act of 1866 precedents and statutes protecting citizenship and equal protection under the Fourteenth Amendment. Financial legislation addressed National Bank Act revisions, currency stabilization, and wartime debt handled by administrators like Salmon P. Chase and Hugh McCulloch.

Leadership and Committee Organization

House leadership featured Schuyler Colfax as Speaker of the House, supported by Republican floor managers and committee chairs such as Thaddeus Stevens (Ways and Means influence) and James G. Blaine on other panels. In the Senate, Benjamin Wade served as President pro tempore, presiding over impeachment trial preparations and committee business. Committees of jurisdiction included Senate Committee on the Judiciary, House Committee on Reconstruction, House Committee on Military Affairs, and Senate Finance Committee, chaired by prominent legislators including Lyman Trumbull and William Pitt Fessenden who guided legislation on constitutional amendments and finance.

Party Divisions and Political Context

Republicans maintained supermajorities in both chambers, while the Democrats and conservative coalitionists served in opposition, with figures like Isham G. Harris and Alexander H. Stephens representing Southern resistance. The internal Republican split between Moderate Republicans and Radical Republicans influenced strategy on suffrage and state readmission. National events, including President Andrew Johnson's clash with Congress and his impeachment by the House, intensified partisan polarization and involved actors such as Edwin Stanton and Benjamin Butler.

Membership Changes and Special Elections

Membership fluctuated due to contested elections, resignations, deaths, and readmissions of Southern delegations. Numerous seats were declared vacant until states complied with Reconstruction prerequisites; notable re-seatings involved representatives from Tennessee, Arkansas, and Louisiana. Special elections filled vacancies created by appointment to cabinet positions and judicial posts, with replacements including Northern veterans and Republican appointees aligned with Freedmen interests. High-profile contests invoked committees on elections and the Senate's authority to judge returns, engaging members like Oliver P. Morton and Reuben Fenton.

Key Events and Debates

The 40th Congress is best known for the impeachment of Andrew Johnson following passage of the Tenure of Office Act and the resulting Impeachment trial of Andrew Johnson. Senators such as Edmund G. Ross and Joseph S. Fowler played decisive roles in the acquittal outcome. Debates over enforcement of the Fourteenth Amendment, civil rights enforcement, and military governance in the South produced partisan clashes featuring speeches by Charles Sumner, Thaddeus Stevens, and Benjamin Wade. Other prominent events included hearings on Reconstruction policy, railroad grants tied to companies like the Union Pacific Railroad and Central Pacific Railroad, and investigations into fraud and corruption involving contractors and state officials.

Congressional Administration and Procedures

Procedural innovations and precedents set during the 40th Congress affected future legislative practice: committee jurisdictional rules, privilege of the floor enforcement, and impeachment procedure details were clarified. The Senate invoked its trial powers and rules under the United States Constitution, while the House refined the use of select committees and special investigative powers. Administrative officers such as the Clerk of the House, the Senate Secretary, and the Sergeant at Arms adapted operations during contested seating and security concerns in the capital, coordinating with military commanders and agencies involved in Reconstruction enforcement.

Category:United States Congress