Fortieth United States Congress

Fortieth United States Congress
Brady-Handy Photograph Collection (Library of Congress) · Public domain · source
Name	Fortieth United States Congress
Body	United States Congress
Meeting place	United States Capitol
Term	March 4, 1867 – March 4, 1869
Before	Thirty-ninth United States Congress
After	Forty-first United States Congress

Fortieth United States Congress

The Fortieth United States Congress met from March 4, 1867, to March 4, 1869, convening during the presidencies of Andrew Johnson and Ulysses S. Grant (President-elect at the close). Dominated by Radical Republicans in both the United States Senate and the United States House of Representatives, the session grappled with Reconstruction-era disputes involving Congressional Reconstruction, abolition, citizenship, and Reconstruction Acts. The Fortieth Congress enacted landmark measures shaping post‑Civil War policy and confronting leaders such as Andrew Johnson while interacting with figures including Thaddeus Stevens, Charles Sumner, and Benjamin Wade.

Background and Election

The Fortieth Congress followed elections in 1866 tied to national debates over Reconstruction Acts, civil rights, and contested authority between Andrew Johnson and Congress. The 1866 midterm results produced a large Republican majority influenced by leaders like Ulysses S. Grant (general), Edwin Stanton, and Salmon P. Chase, while opponents rallied under figures such as Horatio Seymour and Andrew Johnson. Election outcomes in northern states and newly admitted delegations from West Virginia, Nevada, and readmitted Tennessee reflected alignment with Thaddeus Stevens and Benjamin Wade on punitive Reconstruction measures and protection for freedmen. Contested seating battles involved delegations connected to Virginia, Mississippi, Texas, and Georgia arising from ongoing Military Reconstruction Act enforcement and Union Army occupation.

Major Legislation and Resolutions

This Congress passed pivotal laws including the Tenure of Office Act, the First Reconstruction Act, and subsequent Reconstruction Acts that divided the former Confederate states into military districts under commanders like Grant (general). It enacted legislation advancing the Fourteenth Amendment's implementation and supported the Civil Rights Act of 1866's enforcement measures. The Fortieth Congress authorized appropriations for the Freedmen's Bureau and enacted statutes affecting South Carolina, Mississippi, and Louisiana readmission conditions; it also debated the Alabama and Georgia delegations' credentials. Resolutions addressing impeachment proceeded, culminating in the impeachment resolution initiated under leaders such as Thaddeus Stevens and prosecuted by figures including John Bingham and Benjamin Butler.

Party Composition and Membership

Majority control rested with the Republicans in both chambers, featuring Radical leaders Thaddeus Stevens, Charles Sumner, and Benjamin Wade. The Democrats formed the minority caucus with members like Fernando Wood, Hannibal Hamlin, and Thomas A. Hendricks representing opposition to congressional Reconstruction. Senate membership included states admitted during and after the Civil War such as Nevada and Kansas, and delegations from readmitted states like Tennessee shifted composition. Numerous contested seats involved delegations from Mississippi, Texas, Alabama, and Virginia, producing fluctuations in numerical strength and leading to strategic alliances with Conservative Republicans and Moderate Republicans on key votes.

Leadership and Committee Structure

Senate leadership featured influential chairmen including Charles Sumner as a leading voice on foreign affairs and Benjamin Wade in committee prominence; the Senate President pro tempore and committee chairs steered impeachment and Reconstruction policy. In the House, the Republican majority selected figures such as Schuyler Colfax and committee chairs from among Thaddeus Stevens allies to control rules, appropriations, and military affairs. Standing committees, including Committee on Reconstruction, Judiciary Committee, Committee on Military Affairs and the Militia, and Appropriations Committee, were pivotal in drafting enforcement statutes and managing fiscal policy related to Freedmen's Bureau operations. Special select committees investigated election irregularities and southern insurgency linked to organizations like Ku Klux Klan.

Sessions and Key Actions

Across regular and special sessions, the Fortieth Congress enacted military governance measures under the Reconstruction Acts and fought with President Andrew Johnson over removal authority under the Tenure of Office Act, precipitating formal impeachment proceedings. The Senate deliberated foreign policy concerns involving Mexico and relations with Great Britain and Russia through figures such as Charles Sumner. The House advanced Articles of Impeachment drafted by prosecutors including John Bingham and moving them through committees chaired by Thaddeus Stevens allies. Legislative calendars included appropriations for occupation forces, admission processes for southern states, and codification of civil rights principles that informed later decisions by the Supreme Court of the United States.

Controversies and Political Impact

The Fortieth Congress was marked by constitutional confrontations, notably the impeachment crisis, intense factionalism among Republican camps, and contentious enforcement of the Tenure of Office Act. Debates over readmission criteria for Confederate states and civil rights enforcement shaped national politics and influenced subsequent elections, including the 1868 presidential contest won by Grant (president). The era saw clashes with southern insurgent groups such as the Ku Klux Klan and legal challenges that later reached the Supreme Court of the United States, affecting rulings in cases involving Reconstruction statutes and civil liberties. Long-term impacts included precedents for congressional authority in constitutional amendment enforcement, military reconstruction policy, and the evolving balance among presidential power, the United States Senate, and the United States House of Representatives.

Category:United States Congress