The Electoral Commision was a fifteen-member body that was used to resolve disputes in U.S. presidential elections, best known for its use in the 1876 election between Samuel G. Tilden and Rutherford B. Hayes.
Three states: Louisiana, South Carolina, and Florida, had disputed results with differing sets of returns. On a technicality, one of the Oregon electors was removed from the College but later re-certified in a controversial action. Facing a constitutional crisis the likes of which the nation had never seen, on January 29, 1877 the U.S. Congress passed a law forming the Commission to settle the result. Five members came from each house of the U.S. Congress(the House and the Senate), as well as five members of the United States Supreme Court.
As the House was controlled by the Democrats, three of its five commission members were members of the Democratic party. The Senate meanwhile was controlled by the Republicans, whose members were similarly apportioned in the Republican Party's favor. Finally from among the Supreme Court members, the Republicans and Democrats each chose two, with the four chosen electing the fifth and final justice; ostensibly to make the commission as impartial as possible.
The justices selected Justice David Davis, but he was elected to the Senate by Illinois' state legislature, and he resigned from the Supreme Court, forcing them to choose an alternate, Justice Joseph P. Bradley, a Republican but still considered the most impartial remaining member of the court. This proved insufficient however, as on each of the four disputed states he joined with the other 7 Republican members to form an 8-7 majority verdict to award all the votes to Hayes.
In response, Senate Democrats threatened a filibuster to prevent the commission from reporting its results. To prevent this, the Republicans negotiated an agreement known as the Compromise of 1877: federal troops were withdrawn from the south, a southerner was appointed to Hayes' cabinet, and the south received various economic benefits. The withdrawal of Federal troops marked the end of Reconstruction and post-Civil War efforts to bring about racial equality.
Wisconsin's votes were challenged although the state had clearly gone to Hayes, due to the fact that the Democrats thought they had been cheated out of victory. A filibuster incurred in the House when the body refused to vote.
After the long filibuster in the House was dissolved, Wisconsin's votes were counted for Hayes for a 185-184 electoral vote majority. The decision was handed down on March 2, 1877, at 4:10am, declaring Rutherford B. Hayes the winner of the election. The election was viewed by some as having been stolen, and Hayes was dubbed "Ruthefraud" by his opponents.
Members of the Electoral Commission
Last updated: 11-05-2005 02:46:21
