40th United States Congress

The apportionment of seats in the House of Representatives was based on the 1860 United States census.

This Congress was held during the Reconstruction era after the Civil War and U.S. President Abraham Lincoln's assassination.

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.

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.

Senators' party membership by state at the opening of the 40th Congress in March 1867. The senators from Alabama, Arkansas, Florida, Louisiana, North Carolina, and South Carolina were not seated until later in the Congress.
2 Democrats
1 Democrat and 1 Republican
2 Republicans
Territories
President pro tempore
Benjamin F. Wade
House seats by party holding plurality in state
80+% Democratic
80+% Republican
60+% to 80% Democratic
60+% to 80% Republican
Up to 60% Democratic
Up to 60% Republican
Speaker of the House
Schuyler Colfax
Speaker of the House
Theodore M. Pomeroy