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In perhaps the most disputed presidential election in American history, Samuel Tilden handily defeated Ohio's Rutherford Hayes in the popular vote, and had 184 electoral votes to Hayes' 165. However, 20 electoral votes were in dispute due to four states ( Florida, Louisiana, Oregon and South Carolina) each reporting and certifying two different sets of election returns.
In Florida, Louisiana and South Carolina, official returns favored Tilden, but each election was marked by fraud and threats of violence against Republican voters. The Republican-dominated state electoral commissions subsequently were able to disallow a sufficient number of votes to award their electors to Hayes. The result? Two sets of returns, one certified by the state's Governor (favoring Hayes), and the other, certified by the state's legislature (favoring Tilden).
In Oregon meanwhile just a single elector was disputed. The statewide result clearly had favored Hayes, but the state's Democratic Governor ( LaFayette Grover ) claimed that the elector, a postmaster, was constitutionally ineligible to vote on the grounds of "holding a federal office." Grover then substituted a Democratic elector in his place.
Facing a constitutional crisis the likes of which the nation had never seen, on January 29, 1877 the Congress passed a law forming a 15-member Electoral Commission to settle the result. Five members came from each house of the United States Congress, and they were joined by 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 Hayes' 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, 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 not to be the case however, as on each of the 20 disputed electoral votes he joined with the other 7 Republican members to award Hayes a 185-184 electoral vote victory.
In response, Senate Democrats threatened a filibusterFilibuster can mean a legislative tactic. historically, the act of colonial settlement with the intent of changing the existing government. an adventurer or mercenary who engages in a private military action in a foreign country a Filibuster Bar is ice cr 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.
The decision was handed down on March 2, 1877, 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.
This election was one of the most contentious presidential elections in United States history, with many similarities to the U.S. presidential election of 2000.