HISTORY'S CURRENTS
THE STOLEN ELECTION OF 1876

The election of 1876 was one of the closest in our history. In fact, many people consider the man inaugurated in March 1877, Rutherford Birchard Hayes, was not the winner at all. In the Electoral College, only one vote separated the two candidates, still a record for the closest election. It is how those votes were won that created a constitutional crisis and threatened to start another civil war.

President Grant was not running for a third term. The Grant administration had been riddled with corruption, and the Republicans feared a backlash against them by a public outraged by the corruption. Both parties nominated state governors known for their honesty and efforts at reform. The Democrats nominated New York Governor Samuel J. Tilden, who had gained national attention by opposing the powerful Tammany Hall organization, and the Republicans nominated Governor Rutherford B. Hayes of Ohio, a dark horse candidate, war hero, and a well known reformer.

The southern states, with the exception of South Carolina, Florida, and Louisiana, had returned to home rule. The South would vote solidly democratic in this election, and for the next century. With the southern states (and their electoral votes) returned to the Democratic Party and the backlash against the Republicans due to the corruption issue, the Democrats were expected to win.

On election night it looked as though the Democrats had indeed won by an electoral vote of 204-165. But late on the election night, a democratic state chairman wired the New York Times asking nervously for the latest totals from Florida, Louisiana and South Carolina saying, “Please give your estimate of electoral votes secured for Tilden. Answer at once.” A Republican editor, John Reid, wired other Republican leaders that if “they want to know the electoral vote, that means they are not certain they have won. If they are still in doubt, then we can go on from here and win the election.”

Party officials, “visiting statesman” and other “observers” headed South to make sure their party won the states that were in doubt. Both parties offered bribes and spread money around liberally. The result was that Florida, Louisiana, and South Carolina turned in two sets of electoral votes, one from the official election supervisory agency and another from the carpetbag Republican governments. When it came time for the Congress to count the electoral votes, they were faced with two sets of electoral votes from the three Southern states. Hayes had to win all 19 of the disputed votes to win the election.

Congress had never faced such a situation before, and there were no guidelines in the Constitution. They set up an Electoral Commission to decide each of the 19 disputed votes. The Commission would consist of five senators, five representatives, and five members of the Supreme Court. It was also agreed unofficially, that the electoral Commission would include seven Democrats, seven Republicans, and one independent. It was tacitly understood that the independent member would be Justice David Davis. Although an independent, he was thought to be favorable to Tilden. Shortly after the bill creating the Electoral Commission was passed, the Illinois legislature elected Davis to a Senate seat. Davis accepted the senate seat, and resigned from the Supreme Court. The fifth Supreme Court member of the Commission would have to be a Republican, since Davis had been the only independent, and there were no Democrats on the court. The crucial fifteenth member turned out to be Justice Joseph Bradley, a Republican. The Democrats were still hopeful, however, since Bradley had a reputation for independence. Indeed, the night before the final vote, he read his decision in favor of Tilden to the Democratic National Chairman. But a number of Republican leaders spent the rest of the night with him, and he voted for Hayes the next day.

Once the Commission had voted, Congress had to approve the decision. Members of both parties were threatening to use force to make their candidate president. A final decision was not made until March 2, 1877, just two days before inauguration day. The Senate was controlled by the Republicans, and the House of Representatives by the Democrats. To get both to vote for the decision would be almost impossible, but a compromise was reached. Southern Democrats in Congress were persuaded to vote for the Electoral Commission decision in exchange for a promise of an end to Reconstruction by the removal of all federal troops from the south. When the southern Democrats voted in favor of the Commission decision, that gave a majority in the House to the Republicans, and Hayes was declared elected.

President Grant had Hayes sworn in secretly in the Red Room the night before the inauguration, just in case of problems on inauguration day. The inauguration, however, was held without incident, and Rutherford Birchard Hayes became the 19th president of the United States. More people voted for Tilden than for Hayes, but Hayes came out the winner in the Electoral College by one vote, 185-184. Most historians feel that two of the three disputed states were really won by Tilden, but the Electoral Commission gave all the disputed states to Hayes.

Throughout his term, Hayes was referred to as “Old Rutherfraud,” “Old 8-to-7,” and “His Fraudulency.” Yet, Hayes proved to be a good and honest president. He removed the last federal troops from the South and ended Reconstruction. He worked hard for civil service reform and tried to end graft and corruption in the federal government. He is also remembered for his wife, who was nicknamed Lemonade Lucy, because she refused to allow any drink stronger than lemonade in the White House. Hayes served one term and retired from politics.

History’s currents, or current history? You decide!