1864–65 United States Senate elections

Maryland special election
← 1860 January 8, 1864 1865 →
Members of the Maryland General Assembly; Majority of voting members needed to win
Senator before election; Thomas Holliday Hicks; Union	Elected Senator ; Thomas Holliday Hicks; Union

Delaware special election
← 1863 January 29, 1864 1869 →
Members of the Delaware General Assembly; Majority of voting members needed to win
Senator before election; James A. Bayard Jr.; Democratic	Elected Senator ; George R. Riddle; Democratic

1864–65 United States Senate elections
← 1862 & 1863 Various dates 1866 & 1867 →
← 1858 & 1859 Class 2 1870 & 1871 →
24 of the 72 seats in the United States Senate (with special elections); 25 seats needed for a majority
	Results of the elections:; Democratic gain Democratic hold; Republican gain Republican hold; Confederacy Barred from being seated
Majority Party before election; ; Republican	Elected Majority Party ; ; Republican

The 1864–65 United States Senate elections were held on various dates in various states. They occurred during the American Civil War and Abraham Lincoln's re-election. As these U.S. Senate elections were prior to the ratification of the Seventeenth Amendment in 1913, senators were chosen by state legislatures. Senators were elected over a wide range of time throughout 1864 and 1865, and a seat may have been filled months late or remained vacant due to legislative deadlock.^[1] In these elections, terms were up for the senators in Class 2.

The Republican Party gained two seats. Most of the Southern states were absent because of the Civil War.

Results summary

Senate party division, 39th Congress (1865–1867)

Majority party: Republican (37)
Minority party: Democratic (9)
Other parties: Unconditional Unionist (1); Unionist (1)
Vacant: (24)
Total seats: 72

Change in Senate composition

Before the elections

V₅ Seceded	V₄ Seceded	V₃ Seceded	V₂	V₁
V₆ Seceded	V₇ Seceded	V₈ Seceded	V₉ Seceded	V₁₀ Seceded	V₁₁ Seceded	D₁	D₂	D₃	D₄
UU₅ Ran	U₁	U₂	U₃ Retired	D₁₀ Ran	D₉ Retired	D₈ Unknown	D₇ Retired	D₆	D₅
UU₄	UU₃	UU₂	UU₁	R₃₁ Ran	R₃₀ Ran	R₂₉ Retired	R₂₈ Ran	R₂₇ Ran	R₂₆ Retired
Majority →									R₂₅ Unknown
R₁₆	R₁₇	R₁₈	R₁₉	R₂₀	R₂₁	R₂₂	R₂₃ Ran	R₂₄ Ran	R₂₅ Unknown
R₁₅	R₁₄	R₁₃	R₁₂	R₁₁	R₁₀	R₉	R₈	R₇	R₆
V₁₆	V₁₅	V₁₄	V₁₃	V₁₂	R₁	R₂	R₃	R₄	R₅
V₁₇	V₁₈	V₁₉	V₂₀	V₂₁

As a result of the elections

V₅ Seceded	V₄ Seceded	V₃ Seceded	V₂	V₁
V₆ Seceded	V₇ Seceded	V₈ Seceded	V₉ Seceded	V₁₀ Seceded	V₁₁ Seceded	D₁	D₂	D₃	D₄
UU₂	UU₃	UU₄	U₁	U₂	D₉ Gain	D₈ Hold	D₇ Re-elected	D₆	D₅
UU₁	R₃₃ Gain	R₃₂ Gain	R₃₁ Re-elected new party	R₃₀ Hold	R₂₉ Hold	R₂₈ Hold	R₂₇ Re-elected	R₂₆ Re-elected	R₂₅ Re-elected
Majority →									R₂₅ Re-elected
R₁₅	R₁₆	R₁₇	R₁₈	R₁₉	R₂₀	R₂₁	R₂₂	R₂₃ Re-elected	R₂₄ Re-elected
R₁₄	R₁₃	R₁₂	R₁₁	R₁₀	R₉	R₈	R₇	R₆	R₅
V₁₇	V₁₆	V₁₅	V₁₄	V₁₃	V₁₂ U Loss	R₁	R₂	R₃	R₄
V₁₈	V₁₉	V₂₀	V₂₁	V₂₂

Beginning of the next Congress

V₆	V₅	V₄	V₃	V₂	V₁
V₇	V₈	V₉	V₁₀	V₁₁	D₁	D₂	D₃	D₄	D₅
R₃₆ Changed	R₃₇ Changed	UU₁	V₁₃ UU Loss	U₁	V₁₂ D Loss	D₉ Gain	D₈	D₇	D₆
R₃₅ New state	R₃₄ New state	R₃₃	R₃₂	R₃₁	R₃₀	R₂₉	R₂₈	R₂₇	R₂₆
Majority →									R₂₅
R₁₆	R₁₇	R₁₈	R₁₉	R₂₀	R₂₁	R₂₂	R₂₃	R₂₄	R₂₅
R₁₅	R₁₄	R₁₃	R₁₂	R₁₁	R₁₀	R₉	R₈	R₇	R₆
V₁₈	V₁₇	V₁₆	V₁₅	V₁₄	R₁	R₂	R₃	R₄	R₅
V₁₉	V₂₀	V₂₁	V₂₂	V₂₃	V₂₄

Key:

D_#	Democratic
R_#	Republican
UU_#	Unconditional Unionist
U_#	Unionist
V_#	Vacant

Race summaries

Elections during the preceding Congress

Special elections were held to fill three vacancies in the 38th United States Congress and two new seats created by the admission of Nevada.

State	Incumbent			This race
State	Senator	Party	Electoral history	Results	Candidates
Maryland (Class 3)	Thomas Holliday Hicks	Union^[b]	1862 (ap.)	Interim appointee elected with a new party January 11, 1864. Union gain.^[b]	First ballot (January 8, 1864) ▌Y Thomas Holliday Hicks (Union) 67 ▌ Samuel Hambleton (Democratic) 18 ▌ Thomas A. Spence (Union) 2 Blank 4
Delaware (Class 1)	James A. Bayard Jr.	Democratic	1851 1857 1863	Incumbent resigned January 29, 1864. New senator elected January 29, 1864. Democratic hold.	First ballot (January 29, 1864) ▌Y George R. Riddle (Democratic) 18 Blank 8
Nevada 2 seats	None (new state)			Seat created October 31, 1864. Union gain.	First ballot (December 15, 1864) ▌Y William M. Stewart (Union) 33 ▌James W. Nye (Union) 23 ▌Charles E. DeLong (Unknown) 23 ▌Bernard C. Whitman (Unknown) 13 ▌John Cradlebaugh (Unknown) 12^[3]
Nevada 2 seats	None (new state)			Seat created October 31, 1864. Union gain.	Third ballot (December 16, 1864) ▌Y James W. Nye (Union) 29 ▌Charles E. DeLong (Unknown) 7^[4]
Virginia (Class 1)	Lemuel J. Bowden	Unionist	1863	Incumbent died January 2, 1864. Winner elected sometime in 1865. The Senate refused to seat him to avoid setting a precedent for allowing premature re-entry of Confederate states.^[5] Unionist loss. Seat remained vacant until 1870.	▌Y Joseph Segar (Unionist) [data missing]

Elections leading to the next Congress

These senators were elected for the term beginning March 4, 1865.

State	Incumbent			This race
State	Senator	Party	Electoral history	Results	Candidates
Alabama	Vacant since January 21, 1861 when Clement Claiborne Clay (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1868.	None.
Arkansas	Vacant since July 11, 1861 when William K. Sebastian (D) was expelled.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1868.	None.
Delaware	Willard Saulsbury Sr.	Democratic	1858	Incumbent re-elected in 1864.	▌Y Willard Saulsbury Sr. (Democratic) [data missing]
Georgia	Vacant since February 4, 1861 when Robert Toombs (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1871.	None.
Illinois	William A. Richardson	Democratic	1863 (special)	Incumbent retired. New senator elected in 1864 or 1865. Republican gain.	▌Y Richard Yates (Republican) [data missing]
Iowa	James W. Grimes	Republican	1858	Incumbent re-elected January 11, 1864.	▌Y James W. Grimes (Republican) 128 ▌John D. Jennings (Unknown) 5 ▌"Mr. Love" (Unknown) 1^[6]
Kansas	James H. Lane	Republican	1861	Incumbent re-elected in 1865.	▌Y James H. Lane (Republican) [data missing]
Kentucky	Lazarus W. Powell	Democratic	1858	Incumbent retired or lost re-election. New senator elected January 11, 1865. Democratic hold.	▌Y James Guthrie (Union Democratic) 65 ▌Lovell Rousseau (Union Democratic) 56 ▌John B. Huston (Union Democratic) 3 ▌William O. Butler (Peace Democratic) 2 ▌Landaff Andrews (Union Democratic) 1
Louisiana	Vacant since February 4, 1861 when Judah P. Benjamin (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1868.	None.
Maine	Nathan A. Farwell	Republican	1864 (appointed)	Interim appointee retired. New senator elected in 1864 or 1865. Republican hold.	▌Y William P. Fessenden (Republican) [data missing]
Massachusetts	Henry Wilson	Republican	1855 (special) 1859	Incumbent re-elected in 1865.	▌Y Henry Wilson (Republican) [data missing]
Michigan	Jacob M. Howard	Republican	1862 (special)	Incumbent re-elected in 1865.	▌Y Jacob M. Howard (Republican) [data missing]
Minnesota	Morton S. Wilkinson	Republican	1858 or 1859	Incumbent retired. New senator elected in 1865. Republican hold.	▌Y Daniel S. Norton (Republican) 46 votes (77.97%) ▌James George (Democratic) 13 votes (22.03%)^[7]
Mississippi	Vacant since January 12, 1861 when Albert G. Brown (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1870.	None.
New Hampshire	John P. Hale	Republican	1846 1853 (retired) 1855 (special)	Incumbent retired or lost re-election. New senator elected in 1864. Republican hold.	▌Y Aaron H. Cragin (Republican) [data missing]
New Jersey	John C. Ten Eyck	Republican	1858	Incumbent lost re-election. New senator elected in 1864. Democratic gain. Election was later disputed and seat declared vacant.	▌Y John P. Stockton (Democratic) ▌John C. Ten Eyck (Republican) [data missing]
North Carolina	Vacant since March 6, 1861 when Thomas Bragg (D) resigned.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1868.	None.
Oregon	Benjamin F. Harding	Democratic	1862 (special)	Incumbent retired. New senator elected in 1864. Republican gain.	▌Y George H. Williams (Republican) [data missing]
Rhode Island	Henry B. Anthony	Republican	1858	Incumbent re-elected in 1864.	▌Y Henry B. Anthony (Republican) [data missing]
South Carolina	Vacant since November 10, 1860 when James Chesnut Jr. (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1868.	None.
Tennessee	Vacant since March 3, 1861 when Alfred O. P. Nicholson (D) withdrew.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1866.	None.
Texas	Vacant since July 11, 1861 when John Hemphill (D) was expelled.			Legislature failed to elect during Civil War and Reconstruction. Seat remained vacant until 1870.	None.
Virginia	John S. Carlile	Unionist	1861	Incumbent retired. Winner elected in 1865. The Senate refused to seat him to avoid setting a precedent for allowing premature re-entry of Confederate states.^[5] Unionist loss. Seat remained vacant until 1870.	▌Y John Curtiss Underwood (Unionist) [data missing]
West Virginia	Waitman T. Willey	Unconditional Unionist	1863	Incumbent re-elected in 1865 as a Republican. Republican gain.	▌Y Waitman T. Willey (Republican) 53 votes ▌Lee Roy Kramer (Republican) 7 votes ▌Daniel Polsley (Republican) 6 votes ▌Archibald Campbell (Republican) 2 votes ▌David Hunter Strother (Unknown) 1 vote

Special elections during the next Congress

State	Incumbent			This race
State	Senator	Party	Electoral history	Results	Candidates
Maryland (Class 3)	Vacant			Incumbent died February 14, 1865. New senator elected March 9, 1865. Union hold.	First ballot (March 9, 1865) ▌Y John Creswell (Union) 63 ▌Cathrill Humphries (Unknown) 2 ▌James E. Pilkington (Unknown) 2 ▌A. J. Willis (Unknown) 1 Blank 25

Delaware (special)

Three-term Democrat James A. Bayard Jr. resigned on January 29, 1864.^[8]

The Delaware General Assembly met on January 29, 1864, to hold an election for the unexpired term. The Democratic candidate George R. Riddle was elected on the first ballot.^[9] The Union members of the legislature cast blank ballots.^[10]

Maryland (specials)

There were two elections in Maryland, due to the deaths of James Pearce and Thomas Holliday Hicks.

Maryland (1864 special)

Incumbent Unionist Thomas Holliday Hicks was appointed in 1862 to fill the vacancy created by the death of James Pearce.^[11]

The Union members of the legislature held a caucus in advance of the election. Hicks, a recent convert to abolitionism, was opposed by radical candidate Thomas A. Spence. Hicks defeated Spence on the first ballot.^[12]

The Maryland General Assembly met on January 8, 1864, to hold a special election for the unexpired term. Hicks defeated the Democratic candidate Samuel Hambleton on the first ballot.^[13]^[12]

Maryland (1865 special)

Maryland special election

← 1864

March 9, 1864

1866–67 →

Members of the Maryland General Assembly
Majority of voting members needed to win


Nominee	John Creswell	Blank
Party	Union
1st ballot	63 (67.7%)	25 (26.9%)

Senator before election

Vacant

Elected Senator

John Creswell
Union

Hicks died in office on February 14, 1865.^[14]

The Union members of the legislature held a caucus in advance of the election. John Cresswell was nominated on the first ballot with 43 votes to 22 for other candidates.^[15] Creswell, an Unconditional Unionist and protege of the Radical leader Henry Winter Davis, was opposed by supporters of Montgomery Blair, the leader of the Conservative Unionists. The Conservatives attempted to form a coalition with the Maryland Democratic Party for the senatorial election, but the Democratic legislators declined to support Blair, instead casting blank votes all through the proceedings.^[16]

The Maryland General Assembly met on March 9, 1865 to hold a special election for the unexpired term. Creswell was elected on the first ballot.^[17]

West Virginia

Incumbent Waitman T. Willey was re-elected by the legislature to his first full term as United States Senator, with Willey being elected as a Republican. Willey would serve his term until 1871.

1865 United States Senate election in West Virginia

← 1863

January 31, 1865

1871 →

Needed to win: Majority of votes cast jointly by the Legislature
69 votes cast; 35 votes needed


Candidate	Waitman Willey
Party	Republican
First ballot	53 votes 76.8%

U.S. senator before election

Waitman Willey
Unconditional Union

Elected U.S. senator

Waitman Willey
Republican

Willey was the only candidate to be formally nominated, though attempted nominations were made of Archibald Campbell and House Speaker Lee Roy Kramer. Campbell's nomination was promptly withdrawn, and Kramer declined his.^[18]


Party		Candidate	1st Ballot
Party		Candidate	Votes	%
	Republican	Waitman Willey	53	76.8
	Republican	Lee Roy Kramer	7	10.1
	Republican	Daniel Polsley	6	8.7
	Republican	Archibald Campbell	2	2.9
	Republican	David Hunter Strother	1	1.4
Total			69	100
Needed to win			35	>50

Notes

^ as Republican Conference Chair
^ ^a ^b Contemporaneous sources count Hicks as a border state unionist prior to his election and a Republican-Unionist afterward.^[2]

References

^ "17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)". National Archives and Records Administration. February 8, 2022.
^ Evening Journal Almanac 1864, p. 37; Evening Journal Almanac 1865, p. 37.
^ Wren, Thomas (1904). A History of the State of Nevada: Its Resources and Its People. New York: Lewis Publishing Company. pp. 68–69.
^ Wren 1904, pp. 68–69.
^ ^a ^b "Musical Chairs (1861–1869)". United States Senate. Retrieved March 20, 2009.
^ Clark, Dan Elbert (1913). "History of Senatorial Elections in Iowa"., page 131
^ University of Minnesota Libraries, University of Minnesota. "1865 Minnesota U.S. Senate Election". Minnesota Historical Election Archive. Archived from the original on August 24, 2021. Retrieved August 24, 2021.
^ Congressional Quarterly 1985, p. 582.
^ "Resignation of Mr. Bayard". Alexandria Gazette. February 2, 1864.
^ "From the Capitol". Delaware State Journal. February 2, 1864.
^ Evening Journal Almanac 1864, p. 37.
^ ^a ^b "Maryland". New York Daily Tribune. January 11, 1864.
^ Maryland 1864, pp. 15–16.
^ Congressional Quarterly 1985, p. 590.
^ "J. A. Cresswell has been nominated [...]". Alexandria Gazette. March 9, 1865.
^ Baker 1973, p. 134–35.
^ Maryland 1865, p. 387.
^ Journal of the House of Delegates of West Virginia for the Session Commencing January 17, 1865. Wheeling: West Virginia Legislature. 1865. p. 57.

Party Division in the Senate, 1789-Present, via Senate.gov

Bibliography

Primary sources

Evening Journal Almanac (1864). The Evening Journal Almanac: 1864. Albany.
Evening Journal Almanac (1865). The Evening Journal Almanac: 1865. Albany.
Maryland (1864). Journal of the Proceedings of the House of Delegates [...]. Annapolis.
Maryland (1865). Journal of the Proceedings of the House of Delegates [...]. Annapolis.

Secondary sources

Baker, Jean H. (1973). The Politics of Continuity: Maryland Political Parties from 1858 to 1870. Baltimore: Johns Hopkins University Press.
Congressional Quarterly (1985). Congressional Quarterly's Guide to U.S. Elections (2nd ed.). Washington D.C.: Congressional Quarterly. ISBN 978-0-87187-339-2.

[1] s Republican Conference Chair

[hicks-4] Contemporaneous sources count Hicks as a border state unionist prior to his election and a Republican-Unionist afterward.^[2]

[2] "17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)". National Archives and Records Administration. February 8, 2022.

[FOOTNOTEEvening_Journal_Almanac186437Evening_Journal_Almanac186537-3] Evening Journal Almanac 1864, p. 37; Evening Journal Almanac 1865, p. 37.

[5] Wren, Thomas (1904). A History of the State of Nevada: Its Resources and Its People. New York: Lewis Publishing Company. pp. 68–69.

[FOOTNOTEWren190468–69-6] Wren 1904, pp. 68–69.

[Virginia-7] "Musical Chairs (1861–1869)". United States Senate. Retrieved March 20, 2009.

[clark-8] Clark, Dan Elbert (1913). "History of Senatorial Elections in Iowa"., page 131

[9] University of Minnesota Libraries, University of Minnesota. "1865 Minnesota U.S. Senate Election". Minnesota Historical Election Archive. Archived from the original on August 24, 2021. Retrieved August 24, 2021.

[FOOTNOTECongressional_Quarterly1985582-10] Congressional Quarterly 1985, p. 582.

[11] "Resignation of Mr. Bayard". Alexandria Gazette. February 2, 1864.

[12] "From the Capitol". Delaware State Journal. February 2, 1864.

[FOOTNOTEEvening_Journal_Almanac186437-13] Evening Journal Almanac 1864, p. 37.

[ny-daily-tribune-14] "Maryland". New York Daily Tribune. January 11, 1864.

[FOOTNOTEMaryland186415–16-15] Maryland 1864, pp. 15–16.

[FOOTNOTECongressional_Quarterly1985590-16] Congressional Quarterly 1985, p. 590.

[17] "J. A. Cresswell has been nominated [...]". Alexandria Gazette. March 9, 1865.

[FOOTNOTEBaker1973134–35-18] Baker 1973, p. 134–35.

[FOOTNOTEMaryland1865387-19] Maryland 1865, p. 387.

[20] Journal of the House of Delegates of West Virginia for the Session Commencing January 17, 1865. Wheeling: West Virginia Legislature. 1865. p. 57.

[a]

[1]

[b]

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