|40th United States Congress|
March 4, 1867 – March 4, 1869
8 non-voting delegates
|House Speaker||Schuyler Colfax (R)|
Theodore M. Pomeroy (R)
|Special: April 1, 1867 – April 20, 1867|
1st: March 4, 1867 – December 1, 1867
2nd: December 2, 1867 – November 10, 1868
3rd: December 7, 1868 – March 4, 1869
The 40th 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, 1867, to March 4, 1869, during the third and fourth years of Andrew Johnson's presidency. The apportionment of seats in the House of Representatives was based on the Eighth Census of the United States in 1860. Both chambers had a Republican majority. In the Senate, the Republicans had the largest majority a party has ever held.
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.
During this Congress, Arkansas, Florida, Alabama, North Carolina, Louisiana, and South Carolina were readmitted to representation in both the Senate and the House. Georgia was readmitted with representation in the House only.
(shading shows control)
|End of previous congress||8||41||5[b]||54||20|
|Final voting share||13.6%||86.4%||0.0%|
|Beginning of next congress||9||57||0||66||8|
(shading shows control)
|End of previous congress||41||134||1||0||0||17[c]||193||49|
|Final voting share||20.6%||77.1%||0.9%||0.4%||0.9%||0.0%|
|Beginning of next congress||65||150||0||0||0||0||215||28|
This list is arranged by chamber, then by state. Senators are listed by class, 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 re-election in 1868 or 1869; Class 2 meant their term began in the last Congress, requiring re-election in 1870 or 1871; and Class 3 meant their term began in this Congress, requiring re-election in 1872 or 1873.
The names of members of the House of Representatives are preceded by their district numbers.
The count below reflects changes from the beginning of the first session of this Congress.
|Vacated by||Reason for change||Successor||Date of successor's|
|Delaware (1)||George R. Riddle (D)||Died March 29, 1867.
Successor appointed April 5, 1867.
Appointee was subsequently elected January 19, 1869, to finish the term.
|James A. Bayard Jr. (D)||April 5, 1867|
|Kentucky (2)||James Guthrie (D)||Resigned February 7, 1868, because of failing health.
Successor elected February 19, 1868.
|Thomas C. McCreery (D)||February 19, 1868|
|Maryland (3)||Vacant||Filled vacancy caused by action of the Senate in declining to permit Philip F. Thomas to qualify.
Successor elected March 7, 1868.
|George Vickers (D)||March 7, 1868|
|Florida (1)||Vacant||Florida re-admitted to the Union||Adonijah Welch (R)||June 17, 1868|
|Arkansas (2)||Vacant||Arkansas re-admitted to the Union||Alexander McDonald (R)||June 22, 1868|
|Arkansas (3)||Benjamin F. Rice (R)||June 23, 1868|
|Florida (3)||Vacant||Florida re-admitted to the Union||Thomas W. Osborn (R)||June 25, 1868|
|Louisiana (2)||Vacant||Louisiana re-admitted to the Union||John S. Harris (R)||July 8, 1868|
|Louisiana (3)||William P. Kellogg (R)||July 9, 1868|
|Alabama (2)||Vacant||Alabama re-admitted to the Union||Willard Warner (R)||July 13, 1868|
|Alabama (3)||George E. Spencer (R)|
|Maryland (1)||Reverdy Johnson (D)||Resigned July 10, 1868, to become U.S. Ambassador to the United Kingdom of Great Britain and Ireland.
Successor appointed July 13, 1868.
|William P. Whyte (D)|
|North Carolina (2)||Vacant||North Carolina re-admitted to the Union||Joseph C. Abbott (R)||July 14, 1868|
|North Carolina (3)||John Pool (R)|
|South Carolina (2)||Vacant||South Carolina re-admitted to the Union||Thomas J. Robertson (R)||July 15, 1868|
|South Carolina (3)||Frederick A. Sawyer (R)||July 16, 1868|
|District||Vacated by||Reason for change||Successor||Date of successor's|
|New Mexico Territory At-large||Vacant||Vacancy in term||Charles P. Clever (D)||September 2, 1867|
|Arkansas 1st||Vacant||Arkansas re-admitted into the Union||Logan H. Roots (R)||June 22, 1868|
|Arkansas 2nd||James M. Hinds (R)|
|Arkansas 3rd||Thomas Boles (R)|
|Kentucky 9th||Vacant||John D. Young presented credentials but failed to qualify. Election was contested by McKee.||Samuel McKee (R)||June 22, 1868|
|Florida At-large||Vacant||Florida re-admitted into the Union||Charles M. Hamilton (R)||July 1, 1868|
|North Carolina 4th||Vacant||North Carolina re-admitted into the Union||John T. Deweese (R)||July 6, 1868|
|North Carolina 7th||Alexander H. Jones (R)|
|North Carolina 3rd||Oliver H. Dockery (R)||July 13, 1868|
|North Carolina 6th||Nathaniel Boyden (C)|
|North Carolina 1st||John R. French (R)||July 15, 1868|
|Louisiana 1st||Vacant||Louisiana re-admitted into the Union||J. Hale Sypher (R)||July 18, 1868|
|Louisiana 2nd||James Mann (D)|
|Louisiana 3rd||Joseph P. Newsham (R)|
|Louisiana 4th||Michel Vidal (R)|
|Louisiana 5th||W. Jasper Blackburn (R)|
|South Carolina 1st||Vacant||South Carolina re-admitted into the Union||Benjamin F. Whittemore (R)||July 18, 1868|
|South Carolina 2nd||Christopher C. Bowen (R)|
|South Carolina 4th||James H. Goss (R)|
|North Carolina 5th||Vacant||North Carolina re-admitted into the Union||Israel G. Lash (R)||July 20, 1868|
|Alabama 2nd||Vacant||Alabama re-admitted into the Union||Charles W. Buckley (R)||July 21, 1868|
|Alabama 3rd||Benjamin W. Norris (R)|
|Alabama 4th||Charles W. Pierce (R)|
|Alabama 5th||John B. Callis (R)|
|Alabama 6th||Thomas Haughey (R)|
|Alabama 1st||Francis W. Kellogg (R)||July 22, 1868|
|Georgia 1st||Vacant||Georgia re-admitted into the Union||Joseph W. Clift (R)||July 25, 1868|
|Georgia 2nd||Nelson Tift (D)|
|Georgia 3rd||William P. Edwards (R)|
|Georgia 4th||Samuel F. Gove (R)|
|Georgia 5th||Charles H. Prince (R)|
|Georgia 7th||Pierce M. B. Young (D)|
|North Carolina 2nd||Vacant||North Carolina re-admitted into the Union||David Heaton (R)||July 25, 1868|
|South Carolina 1st||Vacant||South Carolina re-admitted into the Union||Manuel S. Corley (R)||July 25, 1868|
|New York 21st||Roscoe Conkling (R)||Resigned March 4, 1867, after being elected to the US Senate||Alexander H. Bailey (R)||November 30, 1867|
|Kentucky 3rd||Elijah Hise (D)||Died May 8, 1867||Jacob Golladay (D)||December 5, 1867|
|Pennsylvania 12th||Charles Denison (D)||Died June 27, 1867||George W. Woodward (D)||November 21, 1867|
|Ohio 2nd||Rutherford B. Hayes (R)||Resigned July 20, 1867, after being nominated Governor of Ohio||Samuel F. Cary (IR)||November 21, 1867|
|Missouri 3rd||Thomas E. Noell (D)||Died October 3, 1867||James R. McCormick (D)||December 17, 1867|
|Ohio 8th||Cornelius S. Hamilton (R)||Killed by insane son December 22, 1867||John Beatty (R)||February 5, 1868|
|Ohio 13th||George W. Morgan (D)||Lost contested election June 3, 1868||Columbus Delano (R)||June 3, 1868|
|Missouri 5th||Joseph W. McClurg (R)||Resigned in July 1868||John H. Stover (R)||December 7, 1868|
|Pennsylvania 9th||Thaddeus Stevens (R)||Died August 11, 1868||Oliver J. Dickey (R)||December 7, 1868|
|Pennsylvania 20th||Darwin A. Finney (R)||Died August 25, 1868||S. Newton Pettis (R)||December 7, 1868|
|Louisiana 2nd||James Mann (D)||Died August 26, 1868||Vacant||Not filled this term|
|Arkansas 2nd||James M. Hinds (R)||Assassinated October 22, 1868||James T. Elliott (R)||January 13, 1869|
|New Mexico Territory At-large||Charles P. Clever (D)||Lost contested election February 20, 1869||J. Francisco Chaves (R)||February 20, 1869|
Lists of committees and their party leaders for members of the House and Senate committees can be found through the Official Congressional Directory at the bottom of this article. The directory after the pages of terms of service lists committees of the Senate, House (Standing with Subcommittees, Select and Special) and Joint and, after that, House/Senate committee assignments. On the committees section of the House and Senate in the Official Congressional Directory, the committee's members on the first row on the left side shows the chairman of the committee and on the right side shows the ranking member of the committee.