37th United States Congress | |||
United States Capitol (1861) |
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Duration: March 4, 1861 – March 4, 1863 | |||
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Senate President: | Hannibal Hamlin | ||
Senate Pres. pro tem: | Solomon Foot | ||
House Speaker: | Galusha A. Grow | ||
Members: | 50 Senators 183 Representatives 7 Non-voting members |
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Senate Majority: | Republican | ||
House Majority: | Republican | ||
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Sessions | |||
Special: March 4, 1861 – March 28, 1861 1st: July 4, 1861 – August 6, 1861 2nd: December 2, 1861 – July 17, 1862 3rd: December 1, 1862 – March 4, 1863 |
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The Thirty-seventh United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1861 to March 4, 1863, during the first two years of Abraham Lincoln's presidency. The apportionment of seats in the House of Representatives was based on the Seventh Census of the United States in 1850. Both chambers had a Republican majority.
The Senate, a continuing body, was called into special session by President Buchanan, meeting in March 1861, to address national issues. It confirmed calling forth troops and raising money. The border states and Texas were still represented. Shortly after the Senate session adjourned, Fort Sumter was attacked. The immediate results were to draw four additional states[11] "into the confederacy with their more Southern sisters", and Lincoln called Congress into extraordinary session on the Fourth of July, 1861.[12]
Both Houses then duly met July 4, 1861. Seven states which would send representatives held their state elections for Representative over the months of May to June 1861.[13] Members taking their seats had been elected before the secession crisis, during the formation of the Confederate government, and after Fort Sumter.[14]
Once assembled with a quorum in the House, Congress approved Lincoln's war powers innovations as necessary to preserve the Union.[15] Following the July Federal defeat at First Manassas, the Crittenden Resolution[16] asserted the reason for "the present deplorable civil war." It was meant as an address to the nation, especially to the Border States at a time of U.S. military reverses, when the war support in border state populations was virtually the only thing keeping them in the Union.[17]
Following resignations and expulsions occasioned by the outbreak of the Civil War, five states had some degree of dual representation in the U.S and the C.S. Congresses. Congress accredited Members elected running in these five as Unionist (19), Democratic (6), Constitutional Unionist (1) and Republican (1). All ten Kentucky and all seven Missouri representatives were accepted. The other three states seated four of thirteen representatives from Virginia, three of ten Tennessee, and two of four from Louisiana.[18]
The Crittenden Resolution declared the civil war "… has been forced upon the country by the disunionists of the southern States…" and it would be carried out for the supremacy of the Constitution and the preservation of the Union, and, that accomplished, "the war ought to cease". Democrats seized on this document, especially its assurances of no conquest or overthrowing domestic institutions (emancipation of slaves).[17]
In the first regular session, Republicans superseded the Crittenden Resolution.[17] Congressional policy and military strategy were intertwined.
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On May 24, 1861, General Benjamin Butler at Fort Monroe, Virginia at the mouth of the Hampton Roads, had declared slaves escaped into his lines as contraband of war, that is, forfeit to their rebel owners.[19] On May 24, Congress followed General Butler's lead, and passed the First Confiscation Act in August, freeing slaves used for rebellion. John C. Frémont in Missouri exceeded his authority, declaring all slaves held by rebels would be freed.[20] Congress responded on opening day. After the opening prayer, December 2, Sen. Lyman Trumbull introduced a bill for confiscation of rebel property and emancipation for their slaves. "Acrimonious debate on confiscation proved a major preoccupation" of Congress.[17]
On March 13, 1862, Congress directed the armies of the United States to stop enforcing the Fugitive Slave Act. The next month, the Congress abolished slavery in the District of Columbia with compensation for loyal citizens. An additional Confiscation Act in July declared free all slaves held by citizens in rebellion, but it had no practical effect without addressing where the act would take effect, or how ownership was to be proved.[21] Emancipation politicians and political generals:
Lincoln's preliminary Emancipation Proclamation was issued September 22, 1862.[21] It became the principle issue before the public in the mid-term elections that year for the 38th Congress. But Republican majorities in both houses held (see 'Congress as a campaign machine' below), and the Republicans actually increased their majority in the Senate.[22]
On January 1, 1863, the war measure by executive proclamation directed the army and the navy to treat all escaped slaves as free when entering Union lines from territory still in rebellion.[23] Congress passed enabling legislation to carry out the Proclamation including "Freedman's Bureau" legislation.[24]
Congress assumed watchdog responsibilities with this and other investigating committees.
The principle conflict between the president and congress was found in the Joint Committee on the Conduct of the War. Eight thick volumes of testimony were filled with investigations of Union defeats and contractor scandals.
They were highly charged with partisan opinions "vehemently expressed" by chair Benjamin Wade of Ohio, Representative George Washington Julian of Indiana, and Zachariah Chandler of Michigan.[25]
Sen. Chandler, who had been one of McClellan's advocates promoting his spectacular rise,[26] particularly documented criticism of McClellan's Peninsular Campaign with its circuitous maneuvering, endless entrenchment and murderous camp diseases. It led to support for his dismissal.
A congressional committee could ruin a reputation, without itself having any military expertise. It would create the modern Congressional era in which generals fought wars with Congress looking over their shoulders, "and with public opinion following closely behind."[25]
Republican majorities in both houses, apart from pro-union Democrats, and without vacant southern delegations, were able to enact their party platform. These included the Legal Tender Act, February 20, 1862, and increases in the tariff that amounted to protective tariffs. The Homestead Act, May 20, for government lands, and the Morrill Land Grant Act, July 2, for universities promoting practical arts in agriculture and mining, had no immediate war purpose. But they would have long range effects, as would the Pacific Railroad Act, July 1, for a transcontinental railroad.[27]
Treasury innovations were driven by Secretary Salmon P. Chase and necessity of war. The income tax of 1861, numerous taxes on consumer goods such as whiskey, and a national currency all began in Civil War Congresses.[27]
Member's floor speeches were not meant to be persuasive, but for publication in partisan newspapers. The real audience was the constituents back home. Congressional caucuses organized and funded political campaigns, publishing pamphlet versions of speeches and circulating them by the thousands free of postage on the member's franking privilege. Party congressional committees stayed in Washington during national campaigns, keeping an open flow of subsidized literature pouring back into the home districts.[28]
Nevertheless, like other Congresses in the 1850s and 1860s, this Congress would see less than half of its membership reelected.[29] The characteristic turmoil found in the "3rd Party Period, 1855-1896" stirred political party realignment in the North even in the midst of civil war. In this Congress, failure to gain nomination and loss at the general election together accounted for a Membership turnover of 25%.[30]
This first Civil War Congress would be nearing the last of those with pluralities held by members of the “Transcendental” Generation, born 1792-1821.[31] They amounted to 87% of national leadership, with 12% from the upcoming Gilded [Age], and only 1% elder Compromise Generation.[32]
As an age cohort, they were idealistic and exalted “inner truth” on both sides. Neither Transcendentalist-led belligerent in the civil war would back down. Those few Compromisers left with a voice were pushed out of the way. Representative Thaddeus Stevens was typical of their northern expression, “Instruments of war are not selected on account of their harmlessness … lay waste to the whole South.”[33]
In the Congresses following 1870, the “Gilded” generation, in their turn, will choose materialism over the Transcendentalists ideals and their bloodshed, skipping the civic-minded stage of other generational cycles in American history.[34][35]
Congress did not accept secession. Most of the Representatives and Senators from states that attempted to secede left Congress; those who took part in the rebellion were expelled.
The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, when they were first seated. Changes resulting from subsequent replacements are shown below in the "Changes in membership" section.
Party (Shading shows control) |
Total | Vacant | ||||
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Democratic (D) |
Republican (R) |
Unionist (U) |
Other (O) |
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End of the previous congress | 26 | 28 | 0 | (American) 1 |
55 | 13 |
Begin | 23 | 29 | 1 | 0 | 53 | 15 |
End | 13 | 30 | 7 | 50 | 20 | |
Final voting share | 26.0% | 60.0% | 14.0% | 0.0% | ||
Beginning of the next congress | 10 | 33 | 4 | (Unconditional Unionist) 3 |
50 | 20 |
Affiliation | Party
(Shading indicates majority/pluality caucus)
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Total | ||||||
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Constitutional Unionist (CU) |
Democratic (D) |
Independent Democratic (ID) |
Republican (R) |
Unionist (U) |
Other | Vacant | ||
End of previous Congress | 0 | 6 | 56 | 116 | 0 | 32 | 210 | 29 |
Begin | 2 | 44 | 1 | 107 | 23 | 0 | 178 | 63 |
End | 1 | 45 | 106 | 30 | 183 | 57 | ||
Final voting share | 0.5% | 24.6% | 0.5% | 57.9% | 16.4% | 0.0% | ||
Beginning of the next Congress | 0 | 72 | 0 | 85 | 9 | 14 | 180 | 61 |
This list is arranged by chamber, then by state. Senators are listed in order of seniority, and Representatives are listed by district.
Senators were elected by the state legislatures every two years, with one-third beginning new six year terms with each Congress. Preceding the names in the list below are Senate class numbers, which indicate the cycle of their election. In this Congress, Class 1 meant their term ended with this Congress, requiring reelection in 1862; Class 2 meant their term began in the last Congress, requiring reelection in 1864; and Class 3 meant their term began in this Congress, requiring reelection in 1866.
Alabama
Arkansas
California
Connecticut
Delaware
Florida
Georgia
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
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Mississippi
Missouri
New Hampshire
New Jersey
New York
North Carolina
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Vermont
Virginia
Wisconsin
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The names of members of the House of Representatives are listed by their districts. Once source reports no Virginians in this Congress,[42] while another source recognizes five.[43]
The count below reflects changes from the beginning of the first session of this Congress.
State (class) |
Former senator | Reason for change | Successor | Date of successor's installation |
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Missouri (3) | Vacant | Did not take seat until after Congress commenced | Waldo P. Johnson (D) | March 17, 1861 | |
Kansas (2) | Vacant | Election not recognized by US Senate | James H. Lane (R) | April 4, 1861 | |
Kansas (3) | Vacant | Election not recognized by US Senate | Samuel C. Pomeroy (R) | April 4, 1861 | |
Pennsylvania (1) | Simon Cameron (R) | Resigned March 4, 1861 to become Secretary of War. Successor was elected. | David Wilmot (R) | March 14, 1861 | |
North Carolina (2) | Thomas Bragg (D) | Withdrew[45] March 6, 1861; expelled later in 1861. | Vacant thereafter | ||
Ohio (3) | Salmon P. Chase (R) | Resigned March 7, 1861 to become Secretary of the Treasury. Successor was elected. | John Sherman (R) | March 21, 1861 | |
Texas (1) | Louis T. Wigfall (D) | Withdrew March 23, 1861 | Vacant | Vacant for remainder of term | |
North Carolina (3) | Thomas L. Clingman (D) | Withdrew[45] March 28, 1861; expelled later in 1861. | Vacant thereafter | ||
Virginia (2) | Robert M. T. Hunter (D) | Withdrew[45] March 28, 1861 and later expelled for support of the rebellion. Successor was elected. | John S. Carlile (U) | July 9, 1861 | |
Virginia (1) | James M. Mason (D) | Expelled March 28, 1861 for supporting the rebellion. Successor was elected. | Waitman T. Willey (U) | July 9, 1861 | |
Illinois (2) | Stephen A. Douglas (D) | Died June 3, 1861. Successor was appointed. | Orville H. Browning (R) | June 26, 1861 | |
Texas (2) | John Hemphill (D) | Expelled July ????, 1861 | Vacant | Vacant for remainder of term | |
Illinois (2) | Orville H. Browning (R) | Retired January 12, 1863 upon election of a successor. | William A. Richardson (D) | January 30, 1863 | |
Arkansas (2) | William K. Sebastian (D) | Expelled July 11, 1861 | Vacant thereafter | ||
Arkansas (3) | Charles B. Mitchel (D) | ||||
Michigan (2) | Kinsley S. Bingham (R) | Died October 5, 1861. Successor was elected. | Jacob M. Howard (R) | January 17, 1862 | |
Oregon (2) | Edward D. Baker (R) | Killed at Battle of Ball's Bluff October 21, 1861. Successor was appointed. | Benjamin Stark (D) | October 29, 1861 | |
Kentucky (3) | John C. Breckinridge (D) | Expelled December 4, 1861 for supporting the rebellion. Successor was elected. | Garrett Davis (U) | December 23, 1861 | |
Missouri (1) | Trusten Polk (D) | Expelled January 10, 1862 for supporting the rebellion. Successor was appointed. | John B. Henderson (U) | January 17, 1862 | |
Missouri (3) | Waldo P. Johnson (D) | Expelled January 10, 1862 for disloyalty to the government. Successor was appointed. | Robert Wilson (U) | January 17, 1862 | |
Indiana (1) | Jesse D. Bright (D) | Expelled February 5, 1862 on charges of disloyalty. Successor was appointed. | Joseph A. Wright (U) | February 24, 1862 | |
Tennessee (1) | Andrew Johnson (D) | Resigned March 4, 1862 | Vacant thereafter | ||
Rhode Island (1) | James F. Simmons (R) | Resigned August 15, 1862. Successor was elected. | Samuel G. Arnold (R) | December 1, 1862 | |
New Jersey (1) | John R. Thomson (D) | Died September 12, 1862. Successor was appointed. | Richard S. Field (R) | November 21, 1862 | |
Oregon (2) | Benjamin Stark (D) | Retired September 12, 1862 upon election of a successor. | Benjamin F. Harding (D) | September 12, 1862 | |
Maryland (3) | James Pearce (D) | Died December 20, 1862. Successor was appointed. | Thomas H. Hicks (U) | December 29, 1862 | |
Indiana (1) | Joseph A. Wright (U) | Retired January 14, 1863 upon election of a successor. | David Turpie (D) | January 14, 1863 | |
New Jersey (1) | Richard S. Field (R) | Retired January 14, 1863 upon election of a successor. | James W. Wall (D) | January 14, 1863 |
District | Vacator | Reason for change | Successor | Date of successor's installation |
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Colorado Territory At-large | New seat | Hiram P. Bennett (Conservative R) |
August 19, 1861 | |
Nevada Territory At-large | New seat | John Cradlebaugh | December 2, 1861 | |
Dakota Territory At-large | New seat | John B. S. Todd (D) |
December 9, 1861 | |
Louisiana 1st | Vacant | Benjamin F. Flanders (U) | December 3, 1862 | |
Louisiana 2nd | Vacant | Michael Hahn (U) | December 3, 1862 | |
Tennessee 3rd | Vacant | Representative-elect George W. Bridges was arrested by Confederate troops while en route to Washington, D.C. and held prisoner before he escaped. | George W. Bridges (U) | February 25, 1863 |
Virginia 1st | Vacant | Joseph E. Segar (U) | May 6, 1862[44] | |
California At-large | Vacant | Low not permitted to take seat, qualified later under special act of Congress | Frederick F. Low (R) | June 3, 1862 |
Virginia 7th | Vacant | Charles H. Upton (U) | July 4, 1861[44] | |
Ohio 7th | Thomas Corwin (R) | Resigned March 12, 1861 to become Minister to Mexico | Richard A. Harrison (U) | July 4, 1861 |
Ohio 13th | John Sherman (R) | Resigned March 12, 1861 when elected U.S. Senator | Samuel T. Worcester (R) | July 4, 1861 |
Pennsylvania 12th | George W. Scranton (R) | Died March 24, 1861 | Hendrick B. Wright (D) | July 4, 1861 |
Massachusetts 3rd | Charles F. Adams, Sr. (R) | Resigned May 1, 1861 to become Ambassador to Great Britain | Benjamin Thomas (U) | June 11, 1861 |
Pennsylvania 2nd | Edward Joy Morris (R) | Resigned June 8, 1861 to become Minister Resident to Turkey | Charles J. Biddle (D) | July 2, 1861 |
Virginia 11th | John S. Carlile (U) | Resigned July 9, 1861 to become United States Senator from the loyal faction of Virginia | Jacob B. Blair (U) | December 2, 1861 |
Missouri 3rd | John B. Clark (D) | Expelled July 13, 1861 for having taken up arms against the Union | William A. Hall (D) | January 20, 1862 |
Oregon At-large | Andrew J. Thayer (D) | Election was successfully contested July 30, 1861 | George K. Shiel (D) | July 30, 1861 |
Missouri 5th | John W. Reid (D) | Withdrew August 3, 1861 and then expelled December 2, 1861 for having taken up arms against the Union | Thomas L. Price (D) | January 21, 1862 |
Iowa 1st | Samuel Curtis (R) | Resigned August 4, 1861 to become colonel of the 2nd Iowa Infantry | James F. Wilson (R) | October 8, 1861 |
Massachusetts 5th | William Appleton (CU) | Resigned September 27, 1861 due to failing health | Samuel Hooper (R) | December 2, 1861 |
Illinois 6th | John A. McClernand (D) | Resigned October 28, 1861 to accept a commission as brigadier general of volunteers for service in the Civil War | Anthony L. Knapp (D) | December 12, 1861 |
Kentucky 1st | Henry C. Burnett (D) | Expelled December 3, 1861 for support of secession | Samuel L. Casey (U) | March 10, 1862 |
Kentucky 2nd | James S. Jackson (U) | Resigned December 13, 1861 to enter the Union Army | George H. Yeaman (U) | December 1, 1862 |
Virginia 7th | Charles H. Upton (U) | Declared not entitled to seat February 27, 1862 | Lewis McKenzie (U) | February 16, 1863 |
Illinois 9th | John A. Logan (D) | Resigned April 2, 1862 to enter the Union Army | William J. Allen (D) | June 2, 1862 |
Pennsylvania 7th | Thomas B. Cooper (D) | Died April 4, 1862 | John D. Stiles (D) | June 3, 1862 |
Massachusetts 9th | Goldsmith F. Bailey (R) | Died May 8, 1862 | Amasa Walker (R) | December 1, 1862 |
Maine 2nd | Charles W. Walton (R) | Resigned May 26, 1862 to become associate justice of the Maine Supreme Judicial Court | Thomas A. D. Fessenden (R) | December 1, 1862 |
Missouri 1st | Francis P. Blair, Jr. (R) | Resigned July, 1862 to become colonel in Union Army | Vacant | Vacant for remainder of term |
Wisconsin 2nd | Luther Hanchett (R) | Died November 24, 1862 | Walter D. McIndoe (R) | January 26, 1863 |
Illinois 5th | William A. Richardson (D) | Resigned January 29, 1863 after being elected to US Senate | Vacant | Vacant for remainder of term |
Standing committees of the Senate resolved, Friday, March 8, 1861[46]
Foreign Relations
Finance
Commerce
Military Affairs and Militia
Judiciary
Post Offices and Post Roads
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Public Lands
Private Land Claims
Indian Affairs
Pensions
Revolutionary Claims
Claims
District of Columbia
Patents and Patent Office
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Public Buildings and Grounds
Territories
Audit and Control the Contingent Expenses of the Senate
Printing
Engrossed Bills
Enrolled Bills
The Library
Order in the Galleries (Select)
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Members by committee assignments, Congressional Globe, as published July 8, 1861[47] Spellings conform to those found in the Congressional Biographical Dictionary.
Unless otherwise noted, all committees listed are Standing, as found at the Library of Congress[48]
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