Defeated that year for reelection to Congress, in the winter of 1860 and 1861 - between the secession of some Southern states and the beginning of the Civil War with the assault on Fort Sumner - Davis was involved in compromise measures.
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In the contest over the speakership at the opening of the 36th United States Congress in 1859 he voted with the Republicans, incurring a vote of censure from the Maryland Legislature, which called upon him to resign.
The Wade–Davis Bill of 1864 was a bill proposed for the Reconstruction of the South written by two Radical Republicans, Senator Benjamin Wade of Ohio and Representative Henry Winter Davis of Maryland.
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In their convention in Baltimore in 1866, the radicals pledged to the maintenance of the state constitution of 1864, "which expressly and emphatically prohibits both rebel suffrage and negro suffrage." Henry Winter Davis, a leading voice within the party's radicals, was elected to the 38th United States Congress as a candidate of the UCP.