The Compromise of 1877 (1876-1877)
Sections:
  1. The Presidential Nominees of 1876
  2. Campaign Slander
  3. The Initial Outcome
  4. The Contested Results
  5. Political Cartoons
  6. Election Violence and the Red Shirts
  7. The Electoral Commission
  8. The Compromise
  9. A Final Outcome
  10. The Results of the Compromise
  11. PowerPoint Presentation
  12. Historiography
The Presidential Nominees of 1876Top
The Centennial presidential election of 1876 sparked a fire of controversy and intrigue as Republican nominee Rutherford B. Hayes and Democratic nominee Samuel Tilden found themselves in the midst of a disputed election. The Democrats, eager to both rid the south of the military presence left over from Reconstruction and make a mark once again in federal politics, fought hard to place Tilden in the office of the President. Meanwhile, the Radical Republicans were giving way to a more liberal Republican presence. Despite this gradual transformation of the Republican party, the basic tenets which inspired the Republican backing of Reconstruction policy were still alive, and the party was determined to maintain a Republican presidency.

Hayes, Governor of Ohio and a former Congressman was nominated for the presidency by the Republican party in Cincinnati at the Republican National Convention, with New York Congressman William Wheeler nominated as his running mate. Tilden, the Governor from New York was nominated in St. Louis alongside Indiana Governor Thomas Hendricks. Provided below are pictures of both Hayes and Tilden, along with the campaign posters of both candidates.

Interestingly, Hayes was actually unfamiliar with his running mate. Provided below is an excerpt from Hayes to his wife Lucy dated January 30, 1876 in which he sheepishly admits to not knowing who William Wheeler was.

An avid writer, Hayes kept a journal throughout his political career. The following journal entries from February through June of 1876 describe his feelings on his nomination, as well as a list of his political and military successes. The journal entries display Hayes' impressive record while also demonstrating Hayes realization that the upcoming campaign would not be an easy one.

Questions to consider:
1) What was the condition of the United States at the time of the 1876 presidential election?
2) Does the condition of the Union have bearing on the Republican and Democratic choice for presidential candidates?
     Hayes.gif
     Tilden Pix.jpg
     Hayes Campaign Poster.jpg
     Tilden Campaign Poster.jpg
     Gov Hayes to Wife.rtf  
     Presidential Nomination Diary Entries.rtf  
Citations:
Hayes Picture: http://etc.usf.edu/clipart/800/884/Hayes_3.htm
Tilden Picture: http://en.wikipedia.org/wiki/Samuel_J._Tilden
Hayes Campaign Poster: http://www.americanpresident.org/history/rutherfordbhayes/biography/resources/images/CampaignPoster.image.jpg
Tilden Campaign Poster: http://en.wikipedia.org/wiki/Image:Tilden_and_Hendricks_campaign_poster.jpg
Link to Hayes Letter to Wife: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiii.html
Link to Hayes Journal: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiii.html
Campaign SlanderTop
The presidential campaign of 1876 was difficult from the onset. Campaign slander was rampant, with smear tactics used in order to bolster support for opposing candidates. While neither candidate was unfamiliar with the sometimes malicious world of politics, the attacks were still difficult, and at times taken personally. Provided below is a journal entry from Hayes dated August 19, 1876. In the entry, Hayes describes the details behind a controversy that arose during his campaign concerning his conduct while serving as an officer for the Union army during the Civil War. The much talked about story centered on a young Confederate spy charged with conspiracy and sentenced to be shot by the Union army. Apparently the spy had possessed a rather large sum of money that supposedly could not be accounted for after his death. Rumors abounded surrounding the money. Accusations began to be slung at Hayes during the presidential campaign. While Hayes certainly defends his actions and decisions during the ordeal with the spy within his journal entry, there is a sense of detachment from the affairs. Clearly a seasoned politician, Hayes demonstrates a calm indifference to the accusations.

Campaign slander worked in both directions, as is evidenced in the following cartoon. Skeptical of reforms Tilden promised throughout his campaign, the cartoonist, sympathetic with the Republican cause, displays Tilden as two-faced and hypocritical.
Questions to consider:
1) In what way does campaign slander fit into any sort of election? Does it display "politics as usual", or is it necessary to win an election?
2) Consider the Tilden cartoon. Does such a cartoon accurately display Tilden's proposed reform policies or does it merely portray the Republican bias of the cartoonist?
     Campaign Slander.rtf  
     Tilden Cartoon.jpg
Citations:
Link to Hayes Journal: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiii.html
Link to Tilden Cartoon: http://elections.harpweek.com/1876/cartoon-1876-Medium.asp?UniqueID=18&Year=1876
The Initial OutcomeTop
Just prior to the November election, Hayes commented in his diary on October 22 on the possibility of contested results. His premonition proved to be correct and the uncertainty of election results began to show as the count was begun.

It appeared initially as November 7th came to a close that Tilden was winning the Electoral College vote with 184 electoral votes to Hayes' 165. The popular vote too appeared to favor Tilden with 51% or 4,284,020 for the Democratic candidate, while Hayes received 48% of the popular vote, or 4,036,572. The results were extremely close as depicted by the map below which provides a state-by-state breakdown of the election.

Question to consider:
1) Compare the initial results of the election of 1876 to the initial results of the election of 2000.
     Hayes Diary.rtf  
     Election of 1876.jpg
Citations:
Full Version of Journal Entry: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiii.html
Link to Election Map: http://teachpol.tcnj.edu/Amer_pol_hist/fi/000000df.jpg

The Contested ResultsTop
News of contested election results began to circulate around the country in the early hours of November 8. The Electoral vote, 184 for Tilden and 165 for Hayes was a close one, and 20 electoral votes in dispute. Three southern states, South Carolina with 7 electoral votes, Florida with 4, and Louisiana with 8, as well as Oregon (with only one of the three electoral votes contested) were contesting the results of their electoral vote. The states, with the electoral votes given to Hayes, were historically democrat, and interestingly, the only southern states still with Federal troops present enforcing Reconstruction laws.

The returns from the electoral boards of the southern states were the main source of dispute, with both the Republicans and the Democrats claiming victory. Both parties claimed inconsistencies and fraud. Provided below is an entry from Hayes' journal from the month of November describing the contested results from his vantage point.

The Oregon contested results were rather unique. The debate centered on the legitimacy of one of the electors. Hayes describes the ordeal in a journal entry dated December 7, 1876.
Questions to consider:
1) Was it suspicious that the disputed states happened to be largely Democrat, and more importantly, southern states?
2) The contested results of 1876 contains many similarities to the contested results of the 2000 presidential election. Compare and contrast the two elections.
     Hayes on Disputed Election.rtf  
     Hayes on Oregon.rtf  
Citations:
Link to Hayes Journal: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiv.html
Link to Hayes Journal Regarding Oregon: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiv.html

Political CartoonsTop
The disputed election resulted in numerous political cartoons dedicated to the crisis. The following section provides several of these cartoons.
The first cartoon entitled "A National Game That is Played Out" represents the discontent of the cartoonist over the apparent gamy nature the disputed election was being handled.

The second cartoon, called "Compromise Indeed!" represents the perceived bullying on the part of the Democrats in their plight. The popular press was particularly critical of the Democratic effort to get Tilden elected.

The third cartoon, "A Jewel Among Swine", presents a rather scathing view of the electoral boards of the disputed southern states, in this case Louisiana.

Questions to consider:
1) Do the cartoons display any sort of partisan bias? How or how not?
2) How do the cartoons display the general feeling of frustration among the general population?
     Ballot Box Cartoon.jpg
     Compromise Indeed Cartoon.jpg
     Louisiana Pig Cartoon.jpg
Citations:
"A National Game that is Played Out": http://elections.harpweek.com/09Ver2Controversy/Cartoon-Medium.asp?UniqueID=3&Year=1876
"Compromise Indeed!": http://elections.harpweek.com/09Ver2Controversy/Cartoon-Medium.asp?UniqueID=11&Year=1876
"A Jewel Among Swine": http://elections.harpweek.com/09Ver2Controversy/Cartoon-Medium.asp?UniqueID=10&Year=1876

Election Violence and the Red ShirtsTop
Violence and coercion were suspected to have occurred during the election. Of particular note was the supposed Red Shirts of South Carolina. These staunch southern Democrats were known for their bullying and intimidation of African American voters. Accusations abounded which claimed the Red Shirts were both forcing African Americans to vote democrat, and even preventing them from voting altogether. The following documents are instructions issued by the Red Shirts concerning their treatment of African American voters. Following the document are several pictures depicting the intimidation of African American voters.

Question to consider:
1) The action of the Red Shirts seem to display a lack of major change in the South. Discuss the implications of the bullying of African Americans in the election of 1876.
     Red Shirts Instructions 1876.rtf  
     Red Shirts.jpg
     Election Violence.jpg
Citations:
Link to Red Shirt Instructions: http://itw.sewanee.edu/reconstruction/html/docs/redshirts.html
Link to Picture 1: http://www.arches.uga.edu/~amy6dean/conclusion/conclusion.htm
Link to Picture 2: http://www.digitalhistory.uh.edu/reconstruction/section5/section5_18.html

The Electoral CommissionTop
The dispute continued into 1877 with a resolution yet to be reached. The U.S. Constitution was ill-equipped to solve the dilemma, stating merely that it was up to the Congress to find a resolution. Thus, in January of 1877 an Electoral Commission Bill was proposed which called for the establishment of a committee to count the returns from the disputed states and determine the proper victor. The act, provided below, called for a 15 member commission consisting of 5 members each from the Supreme Court, the Senate, and the House of Representatives.
The partisan make-up of the Commission was never envisioned to be entirely even to avoid deadlock. Initially the Democrats wanted David Davis, a Democratic Supreme Court justice on the commission, which would ensure a 3-2 Democrat majority among the Supreme Court representatives. However, this was not to be. The very nature of the dispute, coupled with his political aspirations caused Davis to decline to accept the position. Thus, Joseph Bradley, a staunch Republican got the seat, rendering the Supreme Court representation 3-2, favoring the Republicans. The Senate representation was also 3-2, favoring Republicans, with the House representation standing at 3-2 favoring the Democrats. Despite the clear Republican advantage, a congressional report released in early February of 1877 sings the praises of the "non-partisan" committee. Of note is Congress's realization within the report as to the lack of rules or provisions established prior to the election of 1876 to safeguard against such an event. Following the report is a picture of the 15 member commission.

Questions to consider:
1) Was the Electoral Commission truly a fairly represented commission, considering its Republican majority?
2) Is it possible for a partisan commission such as the Electoral Commission to make non-partisan decisions?
     Electoral Commission Act 1877.rtf  
     Congressional Report 1876.rtf  
     Members of Electoral Commission.jpg
     Hayes on Electoral Commission.rtf  
Citations:
Link to The Electoral Commission Act: http://www.yale.edu/lawweb/avalon/statutes/elect01.htm
Link to Congressional Report: http://elections.harpweek.com/09Ver2Controversy/Settlement.htm
Link to Electoral Commission Picture: http://elections.harpweek.com/09Ver2Controversy/Cartoon-Medium.asp?UniqueID=13&Year=1876
Link to Hayes Journal: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxiv.html
The CompromiseTop
The Electoral Commission's results began to stream in the spring of 1877. While favorable to Hayes, the findings of the commission did not however bring about a resolution, considering the rules stipulated in the Electoral Commission Act. The act itself stated that both Houses of Congress had to approve the commission's findings in order for them to be legitimate. This became evident when the results began to come in; the Republican controlled Senate approved the commission's findings just as quickly as the Democrat controlled House rejected them. Filibusters ensued, threatening the speedy resolution envisioned at the creation of the commission. While Democrats were hopeful, the reality of the situation was becoming all too apparent. Negotiations began to take place between top Democrats and supporters of Hayes. It was decided that the Democrat-controlled Senate would accept the findings of the commission, ushering in the Presidency of Hayes under certain conditions. Most importantly, the Southern Democrats wanted Federal troops out of Florida, Louisiana, and South Carolina, giving the states ultimate control over their own political affairs. Also desired by the Democrats were Federal posts for leading Democrats.

The following cartoon depicts the tattered Republican Party. A victory was reached, but the cost was high and the party was shaken.

Questions to consider:
1) Discuss the compromise made in order for Hayes to secure the presidency. Did Hayes prove hypocritical in accepting the Democrats' terms?
2) Consider other political compromises made throughout American history. Are political compromises necessary in order for the government to run smoothly?
     Another Such Victory Cartoon.jpg
Citations:
Link to Cartoon: http://elections.harpweek.com/09Ver2Controversy/Cartoon-Medium.asp?UniqueID=21&Year=1876

A Final OutcomeTop
On March 2, 1877, Rutherford B. Hayes was declared President of the United States, bringing an end to the four month debate. Three days later, on March 5, Hayes was sworn in as President. Provided below are the Inaugural Address of Hayes, as well as Tilden's Concession Speech.

Question to consider:
1) Consider Tilden's concession speech. What was the underlying theme of his speech? Are bitter feelings detected?
     Inaugural Address of Hayes.rtf  
     Tilden Concession Speech.rtf  
Citations:
Link to Hayes Inaugural Address: http://www.yale.edu/lawweb/avalon/presiden/inaug/hayes.htm
Link to Tilden Concession Speech: http://www.rbhayes.org/hayes/president/display.asp?id=513&subj=president
Link to Hayes Journal Regarding Key: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxv.html
Picture of David Key: http://bioguide.congress.gov/scripts/biodisplay.pl?index=K000156
The Results of the CompromiseTop
The Compromise of 1877 is often perceived as the end of Reconstruction. Because of the negotiations reached in order to ensure a Hayes presidential victory, certain concessions were promised to the South which essentially put an end to the progressive reforms that were attempted by previous presidential administrations and Congresses. While both in private and public, Hayes insisted on his continued commitment to the African American cause, particularly in the South, his administration's actions seemed to indicate the changing tide of the Republican party.

Below is the first annual message of President Hayes in which he is determined to solve the problem of the South.

The map following the First Annual Message portrays the Reconstruction military redistricting of the south which came to an end with the Compromise of 1877.

In his journal entries below, from March-April of 1877, Hayes describes the process by which the Federal troops were removed from Louisiana, Florida, and South Carolina.

The appointment of leading Democrats in Federal office was another agreed upon point prior to Hayes' victory. Tennessee Democratic Governor David Key was to be appointed to the coveted position of U.S. Postmaster General, ushering in the revived era of Democratic affluence in politics.

The following cartoon depicts the frustration and resentment felt by many African Americans as a result of the Compromise of 1877. An end to progressive Reconstruction policies and laws would prove to be extremely detrimental for African Americans. It was not until the Civil Rights Movement of the 1960's that the plight of African Americans was again successfully brought before American policy-makers.

Questions to consider:
1) A compromise was reached in 1877 in order to place a candidate in the presidency, but at what cost to African Americans?
2) In what ways did both Hayes and Tilden go back on their campaign promises in accepting a compromise in 1877?
     First Annual Message.rtf  
     Hayes on Federal Troops.rtf  
     Hayes on Key.rtf  
     David Key.jpg
     End of Reconstruction Cartoon.jpg
Citations:
Link to the First Annual Message: http://www.presidency.ucsb.edu/ws/index.php?pid=29518
Reconstruction Military Map: http://www.wwnorton.com/college/history/tindall/timelinf/recnstrc.htm
Link to Hayes Journal: http://www.ohiohistory.org/onlinedoc/hayes/chapterxxxv.html
End of Reconstruction Cartoon: http://www.digitalhistory.uh.edu/reconstruction/section5/section5_23.html
PowerPoint PresentationTop
Below is a PowerPoint presentation which can be used in the classroom and includes the above material.
     comp1877.ppt  
HistoriographyTop
The following book discusses nearly every aspect of the controversial 1876 election, beginning with a detailed background on both candidates and the climate of the country in 1876.

Morris, Roy. Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876. New York: Simon & Schuster: 2003.

The next book provides a different interpretation of the events following the election of 1876, presented in a more cut and dry fashion.

Rehnquist, William H. Centennial Crisis: the Disputed Election of 1876. New York: Alfred A. Knopf, 2004.

This article compares Morris' argument in Fraud of the Century with Chief Justice Rehnquist's counter in Centennial Crisis as a basis for his discussion of the ballot counting process with contemporary examples from the Bush/Gore 2000 election.

Nagle, John Copeland. "How Not to Count Votes." Columbia Law Review. 104(6): 1732-1764.

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