38th United States Congress

38th United States Congress
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Number	38th
Caption	The United States Capitol c. 1869
Body	United States Congress
Term start	March 4, 1863
Term end	March 4, 1865
Before	37th
After	39th
Session start1	December 7, 1863
Session end1	July 4, 1864
Session start2	December 5, 1864
Session end2	March 3, 1865
President	Abraham Lincoln
Pro tem	Solomon Foot (R), Daniel Clark (R)
Speaker	Schuyler Colfax (R)
Members	52–239 senators, 184–183 representatives
Dept	Republican: 36–102 senators, 85–103 representatives, Democratic: 9–10 senators, 72–75 representatives, Unionist: 4–5 senators, 9–16 representatives, Unconditional Unionist: 3 senators, 12–15 representatives, Vacant: 0–2 senators, 6–10 representatives

38th United States Congress

The 38th United States Congress was a meeting of the legislative branch of the federal government during the height of the American Civil War, convening from March 4, 1863, to March 4, 1865. Dominated by Radical Republicans, this Congress was instrumental in enacting foundational legislation that advanced abolition and laid the groundwork for Reconstruction, directly shaping the legal framework for the nascent civil rights movement in the United States. Its actions, including the passage of the Thirteenth Amendment, transformed the war's purpose from preserving the Union to ending slavery and defining freedom.

Major legislation and civil rights initiatives

The 38th Congress passed landmark legislation that redefined the relationship between the federal government, individual liberty, and racial justice. Its most historic achievement was the passage of the Thirteenth Amendment, which abolished slavery and involuntary servitude throughout the United States. The amendment passed the Senate in April 1864 and, after a vigorous lobbying campaign by the Lincoln administration, the House of Representatives in January 1865. Other significant acts included the Wade–Davis Bill, a stringent Reconstruction plan passed by Congress but pocket vetoed by President Abraham Lincoln, highlighting tensions over post-war policy. The Enrollment Act of 1863, which instituted the first federal military draft, was also a major, though controversial, piece of wartime legislation. Furthermore, Congress established the Freedmen's Bureau in March 1865, creating a federal agency to provide aid, education, and legal support to millions of newly emancipated African Americans.

Composition and political dynamics

The political composition of the 38th Congress was dominated by the Republican Party, which held strong majorities in both chambers. The Radical Republicans, a faction led by figures like Thaddeus Stevens in the House and Charles Sumner in the Senate, were particularly influential in pushing a progressive agenda on emancipation and civil rights. The opposition Democratic Party was weakened and divided between War Democrats who supported the military effort and Copperheads who favored a negotiated peace with the Confederacy. This division allowed the Republican majority to advance its legislative program with significant, though not absolute, cohesion. The presence of Unconditional Unionist members, who opposed slavery and secession, further solidified the pro-Union, anti-slavery coalition in Congress.

Key figures and leadership roles

Leadership in the 38th Congress was defined by staunch advocates for emancipation and racial equality. In the House, Speaker Schuyler Colfax (R) managed the chamber, while the powerful Ways and Means Committee was chaired by the formidable Thaddeus Stevens, a leading Radical Republican who tirelessly fought for abolition and later for land reform for freedpeople. In the Senate, President pro tempore Solomon Foot (R) and later Daniel Clark (R) presided. Senator Charles Sumner, chairman of the Foreign Relations Committee, was a vocal abolitionist and a leading intellectual force for civil rights. President Abraham Lincoln, while occasionally at odds with the Radicals over the pace of change, worked closely with Congress to secure the passage of the Thirteenth Amendment.

Congressional response to the Civil War and emancipation

Congress acted as a driving force in shaping the Civil War into a revolutionary struggle for freedom. Legislators used their constitutional powers to support the war effort financially through taxation and bond measures, while also legislating on the status of enslaved people. The Confiscation Acts passed by earlier Congresses were reinforced, and Congress pushed the administration toward embracing emancipation as a central war aim. The 38th Congress oversaw the implementation of Congress responded to the war and the Emancipation Proclamation by moving decisively. The Congress passed the Wade-Davis Bill and the Freed the slaves in the United States]