0. Introduction
Hayes v. Tilden
Justice Stephen J. Field
Justice Samuel F. Miller
Justice Nathan Clifford
Justice William Strong
The Supreme Court Historical Society
PRESENT
The Supreme Court &
the Presidential Election of 1876
1. Election Day
Rutherford B. Hayes, Governor of Ohio
Samuel J. Tilden, Governor of New York
Black men trying to vote for Hayes faced violence and intimidation
Republican partisans illegally stuffed ballot boxes
The Republican-controlled canvassing boards in Louisiana disqualified many votes for Tilden
Zachariah Chandler
Republican Party Chairman
Abram Hewitt
Democratic Party Chairman
2. The Party Divide
The Fifteenth Amendment, passed in 1870, gave Black men the right to vote for the first time
Newly empowered voters in South Carolina elected a majority Black legislature
Reconstruction Era Race Riots in New Orleans
President Ulysses S. Grant
Federal troops in South Carolina
3. The U.S. Supreme Court
Republican Cabinet members authorized the printing of paper money to pay for the Civil War
The Supreme Court
Nathan Clifford
Stephen J. Field
David Davis
Samuel F. Miller
William Strong
Joseph P. Bradley
4. Rutherford B. Hayes
Hayes and his running mate William A. Wheeler, Congressman from New York
5. Samuel J. Tilden
Tilden took on “Boss” Tweed, the corrupt New York city politician who controlled the Democratic Party machine
Tilden emerged as the Democratic nominee after a battle between his supporters, depicted with canes and pistols, and his working class opponents wielding bottles and clubs
6. Disputed Votes
Members of Florida Canvassing Board investigating polling precincts
The candidate who received the most votes would be awarded the state’s entire electoral vote
Tilden led Hayes by more than 260,000 popular votes, enraging the violent wing of his party
LaFayette Grover
Governor of Oregon
Louisiana electoral vote for Hayes, one of 20 in dispute
7. The Electoral Commission
Senators Bringing the Electoral Votes to Congress
President of the Senate, Thomas Ferry (R)
President of the Senate, Thomas Ferry (R)
Senator George F. Edmunds (VT)
Senator Frederick T. Frelinghuysen (NJ)
Representative James A. Garfield (OH)
Representative George F. Hoar (MA)
Representative Oliver P. Morton (IN)
Senator Josiah G. Abbott (MA)
Senator Thomas F. Bayard (DE)
Representative Eppa Hunton (VA)
Representative Henry B. Payne (OH)
Senator Allen G. Thurman (OH)
15 members were appointed to the Electoral Commission
8. The Fifth Justice
Justice David Davis
Justice Davis, an independent, turned down the commission
Chief Justice Morrison R. Waite
Chief Justice Morrison R. Waite
9. The Dilemma
New-York Tribune: January 31, 1877
Counting the Electoral Votes in Congress
The Electoral Commission deliberated privately in the Supreme Court Chamber
Republican Members of Commission
Democratic Members of Commission
Republican Members of Commission
Democrat and Republican lawyers argued before Electoral Commission members sitting behind Supreme Court bench
10. Justice Joseph P. Bradley
Justices Bradley and Stephen J. Field
Newark, New Jersey
11. The "Casting Vote"
The Electoral Commission debating in closed session
The Commission awarded Hayes all 20 disputed electoral votes
The Republican controlled Senate accepted the Commission’s decision
12. Hayes Wins
Hayes was hastily sworn in at the White House just after midnight
Hayes’ public inauguration ceremony
Chief Justice Waite swearing in Hayes
The Republican Party (represented by elephant) had not won the election easily
As promised, Hayes withdrew federal troops from the South
To ensure there would be no repeat of the 1876 election deadlock, in 1887 Congress passed legislation that:
- gives final authority to each state to decide on the legality of a set of electoral votes
- requires both the Senate and the House of Representatives jointly to reject any disputed electoral vote
Credits
Project Historian & Executive Producer: Clare Cushman
Written and Produced by INHERITAGE
Narration: Kevin Reese
Graphics: Cordelia Prouvost
Funded with a generous grant from the Polsky Foundation
Image Credits:
Library of Congress
Collection of the Supreme Court of the United States
Architect of the Capitol
National Archives and Records Administration
Getty Images and Videos
Shutterstock
U.S. Senate
Leslie's Illustrated
Puck
Harper's Weekly