Election of 1876
In the election of 1876 Samuel J. Tilden, the Democratic candidate, received a popular majority but lacked one undisputed electoral vote to carry a clear majority of the electoral college. The crux of the problem was in the 22 electoral votes which were in dispute because Florida, Louisiana, South Carolina, and Oregon each sent in two sets of election returns. In the three southern states, Republican election boards threw out enough Democratic votes to certify the Republican candidate, Rutherford B. Hayes. In Oregon, the Democratic governor disqualified a Republican elector, replacing him with a Democrat. Since the Senate was Republican and the House of Representatives Democratic, it seemed useless to refer the disputed returns to the two houses for solution. Instead Congress appointed an Electoral Commission with five representatives each from the Senate, the House, and the Supreme Court. All but one Justice was named, giving the Commission seven Republican and seven Democratic members. The naming of the fifth Justice was left to the other four. He was a Republican who first favored Tilden but, under pressure from his party, switched to Hayes, ensuring his election by the Commission voting 8 to 7 on party lines. The Democrats in Congress were outraged and threatened to block the decision until Republicans privately agreed to a number of concessions, including the removal of federal troops from the South, which effectively ended Reconstruction. As a result, Hayes was elected president in what became known as the Compromise of 1877.
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