The 1876 electoral showdown was different from those of 1800 and 1824, when no candidate had a majority of votes in the Electoral College.
The Transition Integrity Project presents one scenario in which, after the Republican candidate wins the Electoral College vote, but the Democrat wins the popular vote, states go rogue and send two different sets of votes to the Electoral College.
Thatâs almost identical to the 1876 clash between Republican nominee Rutherford B. Hayes and Democratic standard-bearer Samuel Tilden, which led to a political battle almost up until Inauguration Day, which back then was on March 4, rather than on Jan. 20.
Then as now, there was a Democrat-controlled House and a Republican-controlled Senate.
For those who recall the 2000 presidential raceâRepublican George W. Bush versus Democrat Al Goreâin which the Supreme Court settled the dispute between them over Floridaâs electoral votes, the assumption might be that a postelection dispute would be settled in court. But the 2000 battle was a historical anomaly, as three other disputed outcomes were decided in Congress.
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In 1876, the country was barely a decade removed from the Civil War and seemed to begin the year with the goodwill of patriotically celebrating the centennial of the Declaration of Independence.
However, growing Northern fatigue with Reconstruction in the South and a string of scandals in the administration of President Ulysses S. Grant, a Republican, presented an opportunity for the Democrats to recapture the White House. Â
On Nov. 7, 1876, Tilden, the governor of New York, won the national popular vote 4,288,546 to 4,034,311 votes for Hayes, the governor of Ohio, and what appeared at first to be a margin of 184 for Tilden to 165 for Hayes in the Electoral College.
Most historians today think itâs difficult to know who really won the popular vote because of the mass voter suppression in the South of freed slaves, as Democrats used lynching and riots to scare blacks away from voting.
Aware of reports of Democrats voting twice and shredding other ballots, Republican Party operative Daniel Sickles telegraphed the Republican governors of South Carolina, Florida, and Louisiana to say, âWith your state sure for Hayes, he is elected. Hold your state.â South Carolina Gov. Daniel Chamberlain was first to respond on a telegraph, âAll right. South Carolina is for Hayes. Need more troops.â
Three days after the election, Nov. 10, Grant told Gen. William Tecumseh Sherman, commanding federal troops in Florida and Louisiana: âEither party can afford to be disappointed by the result, but the country cannot afford to have the result tainted by suspicion of illegal or false returns.â
Hayes carried Oregon. But, to stir mischief, Oregonâs Democratic governor, La Fayette Grover, named one elector for Tilden after a Republican elector was disqualified. He used a DNC legal opinion as a rational.
The 1876 dispute was different from those of 1800 and 1824, when no candidate had a majority of votes in the Electoral College.
However, in 1876, the question wasnât what candidate had a majority of the Electoral College vote, but about states providing competing returns, or parallel pictures of who won the states. So, it wasnât just up to the House.
The Republican-controlled Senate and Democrat-run House established a 15-member commission with five House members, five senators, and five U.S. Supreme Court justices. With a Republican edge, the commission decided each disputed state by a 8-7 vote in favor of Hayes.
The result still had to be certified by both houses of Congress, and the Democratic House wasnât going to give up easily, facing immense pressure from constituents.
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On the night of Feb. 26, 1877, Â four Southern DemocratsâRep. John Y. Brown, newspaper publisher Henry Watterson of Kentucky, Sen. J.B. Gordon of Georgia, and Rep. W. M. Levy of Louisianaâmet with four Ohio RepublicansâReps. James Garfield (a future president) and Charles Foster, Sen. Stanley Matthews, and U.S. Senator-elect John Shermanâat the Wormley House Hotel in Washington to negotiate to stop the House Democratsâ delaying tactics to block the 15-member bipartisan commissionâs recommendation before Inauguration Day.
They agreed to end Reconstruction, appointing a Southern Democrat to the Hayes Cabinet, as well as provide federal money for Southern infrastructure projects. Hayes also agreed to serve only one term.















