Electoral Commission of 1877

Electoral Commission of 1877, commission created by the United States Congress to resolve the disputed presidential election of 1876. Rutherford B. Hayes, the Republican candidate, had polled 4,033,950 popular votes—about 250,000 fewer than the 4,284,885 cast for the Democratic candidate, Samuel J. Tilden. Tilden had 184 uncontested electoral votes—one short of a majority in the electoral college—Hayes only 163. Four states controlled 22 contested votes: Florida (4), Louisiana (8), South Carolina (7), and Oregon (3). The Republicans charged that the Democrats had won popular majorities in the southern states by intimidating black voters. (The charge was obviously true, although never proved; it is doubtful, however, that such intimidation actually altered the state election results.) In retaliation the Oregon Democrats used a technicality to oust a Hayes elector and replace him with a Tilden supporter, throwing Oregon's entire electoral vote into dispute.

Congressional attempts to settle the matter ended in deadlock: Republicans dominated the Senate, Democrats the House of Representatives. Threats of civil war were even issued. On January 29, 1877, Congress created a 15-member bipartisan commission to resolve the dispute. It consisted of five Democrats, five Republicans, and five Supreme Court justices (two Republicans and two Democrats, who chose a fifth justice, intended to be nonpartisan, but who was, in actuality, a Republican acceptable to Democrats).

Hayes was unanimously awarded the electoral votes from Oregon and South Carolina and the ones from Louisiana by a commission vote of 8 to 7—all votes he probably would have won had there been no manipulation. Hayes was also awarded Florida's electoral votes (by 8 to 7), although Tilden had probably won in that state. Hayes thus became president with 185 electoral votes, a majority of one. (Had Tilden been awarded the Florida votes, he would have won by 188 to 181.) Coming not long after the American Civil War, and softened with promised political support for Democratic interests, the compromise was reassuring, because it was accepted peacefully. The commission adopted the Republican view that for Congress to pass on state action in certifying electoral votes constituted an invasion of the states' sovereignty. This view was incorporated into an 1877 law giving the states exclusive power (subject to certain restrictions) to resolve disputes over the votes of presidential electors. The problem of conflicting electoral and popular votes remains unresolved. See also Electoral College.