1877 Electoral Commission
Background
The 1877 Electoral Commission was a temporary body established by the United States Congress to resolve the disputed presidential election of 1876 between Rutherford B. Hayes and Samuel J. Tilden. This election was one of the most contentious in American history, marked by allegations of voter fraud, intimidation, and electoral manipulation. The commission was created to address the electoral votes from four states—Florida, Louisiana, South Carolina, and Oregon—where both parties claimed victory.
Formation of the Commission
The creation of the Electoral Commission was a direct response to the electoral crisis. The United States Constitution did not provide a clear mechanism for resolving disputes over electoral votes, leading to a political impasse. In January 1877, Congress passed a law establishing the commission, which consisted of 15 members: five from the House of Representatives, five from the Senate, and five from the Supreme Court. The composition was intended to be bipartisan, with seven Democrats, seven Republicans, and one independent justice, David Davis.
The Disputed States
The controversy centered around the electoral votes of Florida, Louisiana, South Carolina, and Oregon. In these states, both the Democratic and Republican parties submitted certificates of election, each claiming their candidate had won the state's electoral votes. The disputes were fueled by allegations of widespread voter suppression, particularly against African American voters, and accusations of electoral fraud.
Florida
In Florida, the dispute arose from conflicting returns submitted by the state's canvassing board. The Republicans claimed victory based on the board's initial count, while Democrats argued that subsequent corrections showed Tilden as the rightful winner. The commission ultimately awarded the state's four electoral votes to Hayes.
Louisiana
Louisiana's electoral votes were contested due to reports of intimidation and fraud. The state's Returning Board, controlled by Republicans, invalidated enough Democratic votes to declare Hayes the winner. The commission upheld this decision, awarding all eight electoral votes to Hayes.
South Carolina
South Carolina's election was marred by violence and intimidation against African American voters, who predominantly supported the Republican Party. Despite Democratic claims of victory, the commission accepted the Republican-controlled board's certification, giving Hayes the state's seven electoral votes.
Oregon
The dispute in Oregon was unique, involving the eligibility of an elector. One of the Republican electors was deemed ineligible due to holding a federal office. The Democratic governor attempted to replace him with a Democrat, but the commission ruled in favor of the Republican slate, awarding all three votes to Hayes.
The Commission's Decision
The Electoral Commission's deliberations were highly contentious, reflecting the deep partisan divide of the era. After extensive hearings and debates, the commission voted 8-7 along party lines to award all 20 disputed electoral votes to Hayes, giving him a 185-184 victory in the Electoral College. This decision effectively resolved the election in favor of Hayes, who was inaugurated as the 19th President of the United States.
The Compromise of 1877
The resolution of the 1876 election is often associated with the Compromise of 1877, an informal, unwritten agreement that purportedly settled the dispute. In exchange for recognizing Hayes as president, Southern Democrats were promised the withdrawal of federal troops from the South, effectively ending Reconstruction. This compromise had profound implications for the political and social landscape of the United States, leading to the disenfranchisement of African Americans and the establishment of Jim Crow laws.
Impact and Legacy
The 1877 Electoral Commission and the resulting compromise had lasting effects on American politics. The resolution of the election highlighted the weaknesses in the electoral process and the need for clearer mechanisms to address disputes. The commission's decision also underscored the deep divisions within the country, both politically and socially.
The end of Reconstruction marked a significant shift in American history, as the federal government retreated from its efforts to enforce civil rights in the South. This period saw the rise of discriminatory laws and practices that would persist for decades. The events surrounding the 1877 Electoral Commission continue to be studied as a pivotal moment in the evolution of the American electoral system and the nation's ongoing struggle with issues of race and equality.