44TH CONGRESS- IN GENERAL

COLORADO was admitted as the 38th State of the Union on 1 August 1876: as this was after the convening of the "long" session of the 44th Congress on 6 December 1875, Colorado's 2 Senators are NOT counted among those elected to the Senate of the 44th Congress; neither is Colorado's 1 Congressman counted among those elected to the House of Representatives in that Congress.

44TH CONGRESS-SENATE

The SENATE of the 44th Congress included 3 Senators from other than the two Major Parties as elected by their respective State Legislatures, as follows:

• 2 Conservatives-
  • Senator John W. Johnston of VIRGINIA (Class 2)
  • Senator Robert E. Withers of VIRGINIA (Class 1)
• 1 Anti-Monopolist-
  • Senator Newton Booth of CALIFORNIA (Class 1)

The SENATE of the 44th Congress also included 1 vacancy from the State of LOUISIANA in the Class 3 seat (term ending 3 March 1879) from that State which had been the subject of an election dispute since the preceding Congress: the Democratic contender, William L. McMillen, withdrew his credentials on 14 December 1875; on 8 March 1876, the Senate declared the Republican contender, Pinckney B.S. Pinchback, not entitled to the seat but, at the same time, refused to also declare the seat vacant. In the meantime, James B. Eustis, a Democrat, was elected by what Mr. Eustis claimed was the legitimate General Assembly of the State of LOUISIANA on 12 January 1876, such election based on- and occurring after- the withdrawal of his credentials by the previous Democratic candidate, Mr. McMillen; however, as this election was also before the Senate had definitively ruled on the credentials of the Republican contender, Mr. Pinchback, and had occurred without the Senate having declared the seat vacant, the Senate refused to immediately seat Mr. Eustis and a vacancy remained in this seat throughout the remainder of the 44th Congress.