1876 United States presidential election

The 1876 United States presidential election was the 23rd quadrennial presidential election, held on Tuesday, November 7, 1876.

Following President Grant's decision to retire after his second term, U.S. Representative James G. Blaine emerged as frontrunner for the Republican nomination. However, Blaine was unable to win a majority at the 1876 Republican National Convention, which settled on Governor Hayes of Ohio as a compromise candidate. The 1876 Democratic National Convention nominated Governor Tilden of New York on the second ballot.

The election was among the most contentious in American history, and was only resolved by the Compromise of 1877, where Hayes agreed to end Reconstruction in exchange for recognition of his presidency. On March 2, 1877, the House and Senate confirmed Hayes as president. Tilden won 184 electoral votes to Hayes's 165 in the first count, with the 20 votes from Florida, Louisiana, South Carolina, and Oregon disputed. To address this constitutional crisis, Congress established the Electoral Commission, which awarded all twenty votes (and thus the presidency) to Hayes in a strict party-line vote. Some Democratic representatives filibustered the commission's decision, hoping to prevent Hayes's inauguration, but their filibuster was ultimately ended by party leader Samuel J. Randall.

It was the second of five U.S. presidential elections in which the winner did not win a plurality of the national popular vote, after the 1824 election. Although Tilden defeated Hayes in the official popular vote tally, the election involved substantial electoral fraud, voter intimidation by paramilitary groups, and disenfranchisement of black Republicans. The election had the highest voter turnout of the eligible voting-age population in American history, at 82.6%. Tilden's 50.9% is the largest share of the popular vote received by a candidate who was not elected to the presidency, and was the only presidential election in U.S. history in which the losing candidate won a majority of the popular vote. Tilden was also the last person to win a majority of the popular vote until William McKinley in 1896. As of, this marks the only presidential election in which both candidates were sitting governors.

Republican Party nomination


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Democratic Party nomination
Democratic candidates:
 * Samuel J. Tilden, governor of New York
 * Thomas A. Hendricks, governor of Indiana
 * Winfield Scott Hancock, United States Army major general from Pennsylvania
 * William Allen, former governor of Ohio
 * Thomas F. Bayard, U.S. senator from Delaware
 * Joel Parker, former governor of New Jersey

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Source: Official proceedings of the National Democratic convention, held in St. Louis, Mo., June 27th, 28th and 29th, 1876. (September 3, 2012).

Source: Official proceedings of the National Democratic convention, held in St. Louis, Mo., June 27th, 28th and 29th, 1876 (September 3, 2012).

Greenback Party nomination
Greenback candidates:
 * Peter Cooper, U.S. philanthropist from New York
 * Andrew Curtin, former governor of Pennsylvania
 * William Allen, former governor of Ohio
 * Alexander Campbell, U.S. representative from Illinois

Candidates gallery
The Greenback Party had been organized by agricultural interests in Indianapolis, Indiana, in 1874 to urge the federal government to inflate the economy through the mass issuance of paper money called greenbacks. Its first national nominating convention was held in Indianapolis in the spring of 1876. Peter Cooper was nominated for president with 352 votes to 119 for three other contenders. The convention nominated Anti-Monopolist Senator Newton Booth of California for vice president. After Booth declined to run, the national committee chose Samuel Fenton Cary as his replacement on the ticket.

Prohibition Party nomination
The Prohibition Party, in its second national convention in Cleveland, nominated Green Clay Smith as its presidential candidate and Gideon T. Stewart as its vice presidential candidate.

American National Party nomination
This small political party used several different names, often with different names in different states. It was a continuation of the Anti-Masonic Party that met in 1872 and nominated Charles Francis Adams, Sr., for president. When Adams declined to run, the party did not contest the 1872 election.

The convention was held from June 8 to 10, 1875 in Liberty Hall, Pittsburgh, Pennsylvania. B.T. Roberts of New York served as chairman, and Jonathan Blanchard was the keynote speaker.

The platform supported the Reconstruction Amendments to the Constitution, international arbitration, the reading of the scriptures in public schools, specie payments, justice for Native Americans, abolition of the Electoral College, and prohibition of the sale of alcoholic beverages. It declared the first day of the week to be a day of rest for the United States. The platform opposed secret societies and monopolies.

The convention considered three potential presidential candidates: Charles F. Adams, Jonathan Blanchard, and James B. Walker. When Blanchard declined to run, Walker was unanimously nominated for president. The convention then nominated Donald Kirkpatrick of New York unanimously for vice president.

Campaign


Tilden, who had prosecuted machine politicians in New York and sent the legendary political boss William M. Tweed to jail, ran as a reform candidate against the background of the corruption of the Grant administration. Both parties backed civil service reform. Both sides mounted mudslinging campaigns, with Democratic attacks on Republican corruption being countered by Republicans raising the Civil War issue, a tactic that was ridiculed by Democrats, who called it "waving the bloody shirt." Republicans chanted, "Not every Democrat was a rebel, but every rebel was a Democrat."

Hayes was a virtual unknown outside his home state of Ohio, where he had served two terms as a US Representative and then two terms as governor. Henry Adams called Hayes "a third-rate nonentity whose only recommendations are that he is obnoxious to no one." Hayes had served in the Civil War with distinction as colonel of the 23rd Ohio Regiment and was wounded several times, which made him marketable to veterans. He had later been brevetted as a major-general. His most important asset was his help to the Republican ticket in carrying Ohio, a crucial swing state. On the other side, the newspaperman John D. Defrees described Tilden as "a very nice, prim, little, withered-up, fidgety old bachelor, about one-hundred and twenty-pounds avoirdupois, who never had a genuine impulse for many nor any affection for woman."

The Democratic strategy for victory in the South relied on paramilitary groups such as the Red Shirts and the White League. These groups saw themselves as the military wing of the Democrats. Using the strategy of the Mississippi Plan, they actively suppressed both black and white Republican voting. They violently disrupted meetings and rallies, attacked party organizers, and threatened potential voters with retaliation for voting Republican.

Because it was considered improper for a candidate to pursue the presidency actively, neither Tilden nor Hayes appeared publicly during the campaign. Speaking and leading rallies were left to their surrogates.

Colorado
Colorado was admitted to the Union as the 38th state on August 1, 1876; this was the first presidential election in which the state sent electors. There was insufficient time or money to organize a presidential election in the new state. Therefore, Colorado's state legislature selected the state's three Electoral College electors. The Republican Party held a slim majority in the state legislature following a closely contested election on October 3, 1876. Many of the seats in that election had been decided by only a few hundred votes. On November 7, 1876, in a 50 to 24 vote, the state legislature chose Otto Mears, William Hadley, and Herman Beckurts to serve as the state's electors for president. All three of the state electors cast their votes for Hayes. This was the last election in which any state chose electors through its state legislature, rather than by popular vote.

Electoral disputes and Compromise of 1877
Florida (with 4 electoral votes) and Louisiana (with 8) reported returns that favored Tilden, while Hayes led in South Carolina (with 7). However, the elections in each state were marked by electoral fraud and threats of violence against Republican voters. The most extreme case was in South Carolina, where an impossible 101 percent of all eligible voters in the state had their votes counted, and an estimated 150 Black Republicans were murdered. One of the points of contention revolved around the design of ballots. At the time, parties would print ballots or "tickets" to enable voters to support them in the open ballots. To aid illiterate voters, the parties would print symbols on the tickets, and in this election, many Democratic ballots were printed with the Republican symbol of Abraham Lincoln on them. The Republican-dominated state electoral commissions subsequently rejected enough Democratic votes to award their electoral votes to Hayes.

In two Southern states, the governor recognized by the United States had signed the Republican certificates; the Democratic certificates from Florida were signed by the state attorney-general and the newly elected Democratic governor. Those from Louisiana were signed by the Democratic gubernatorial candidate and those from South Carolina by no state official. The Tilden electors in South Carolina claimed that they had been chosen by the popular vote although they were rejected by the state election board.

Meanwhile, in Oregon, the vote of a single elector was disputed. The statewide result clearly favored Hayes, but the state's Democratic governor, La Fayette Grover, claimed that one of the Republican electors, Ex-Postmaster John Watts, was ineligible under Article II, Section 1, of the United States Constitution since he had been a "person holding an office of trust or profit under the United States." Grover substituted a Democratic elector in Watts's place.

The two Republican electors dismissed Grover's action and reported three votes for Hayes. However, the Democratic elector, C. A. Cronin, reported one vote for Tilden and two votes for Hayes. The two Republican electors presented a certificate signed by the secretary of state of Oregon, and Cronin and the two electors whom he appointed (Cronin voted for Tilden while his associates voted for Hayes) presented a certificate signed by the governor and attested by the secretary of state.

Ultimately, all three of Oregon's votes were awarded to Hayes, who had a majority of one in the Electoral College. The Democrats claimed fraud, and suppressed excitement pervaded the country. Threats were even muttered that Hayes would never be inaugurated. In Columbus, Ohio, a shot was fired at Hayes's residence as he sat down to dinner. After supporters marched to his home to call for the President, Hayes urged the crowd that "it is impossible, at so early a time, to obtain the result." Grant quietly strengthened the military force in and around Washington.

The Constitution provides that "the President of the Senate shall, in presence of the Senate and House of Representatives, open all the [electoral] certificates, and the votes shall then be counted." The Republicans held that the power to count the votes lay with the President of the Senate, with the House and Senate being mere spectators. The Democrats objected to that construction, since the President Pro Tempore of the Senate, the Republican Thomas W. Ferry, could then count the votes of the disputed states for Hayes.

The Democrats insisted that Congress should continue the practice followed since 1865: no vote objected to should be counted except by the concurrence of both houses. Since the House had a solid Democratic majority, rejecting the vote of one state, therefore, would elect Tilden.

Facing an unprecedented constitutional crisis, the Congress passed a law on January 29, 1877, to form a 15-member Electoral Commission, which would settle the result. Five members were selected from each house of Congress, and they were joined by five members of the United States Supreme Court, with William M. Evarts serving as counsel for the Republican Party. The majority party in each house named three members and the minority party two members. As the Republicans controlled the Senate and the Democrats controlled the House of Representatives, that yielded five Democratic and five Republican members of the commission. Of the Supreme Court justices, two Republicans and two Democrats were chosen, with the fifth to be selected by those four.

The justices first selected the independent Justice David Davis. According to one historian, "No one, perhaps not even Davis himself, knew which presidential candidate he preferred." Just as the Electoral Commission Bill was passing Congress, the Illinois Legislature elected Davis to the Senate, and Democrats in the legislature believed that they had purchased Davis's support by voting for him. However, they had miscalculated, as Davis promptly excused himself from the commission and resigned as a Justice to take his Senate seat. As all of the remaining available Justices were Republicans, Republican Justice Joseph P. Bradley, who was considered the most impartial remaining member of the court was selected. That selection proved decisive.

Since it was drawing perilously near to Inauguration Day, the commission met on January 31. Each of the disputed state election cases (Florida, Louisiana, Oregon, and South Carolina) was respectively submitted to the commission by Congress. Eminent counsel appeared for each side, and there were double sets of returns from every one of the states named.

The commission first decided not to question any returns that were prima facie lawful. Bradley then joined the other seven Republican committee members in a series of 8–7 votes that gave all 20 disputed electoral votes to Hayes, which gave Hayes a 185–184 electoral vote victory. The commission adjourned on March 2. Hayes privately took the oath of office the next day and was publicly sworn into office on March 5, 1877, and Hayes was inaugurated without disturbance.

The Compromise of 1877 might be a reason for the Democrats accepting the Electoral Commission. During intense closed-door meetings, Democratic leaders agreed reluctantly to accept Hayes as president in return for the withdrawal of federal troops from the last two Southern states that were still occupied: South Carolina and Louisiana. Republican leaders in return agreed on a number of handouts and entitlements, including federal subsidies for a transcontinental railroad line through the South. Although some of the promises were not kept, particularly the railroad proposal, that was enough for the time being to avert a dangerous standoff.

The returns accepted by the Commission put Hayes's margin of victory in South Carolina at 889 votes, the second-closest popular vote margin in a decisive state in U.S. history, after the election of 2000, which was decided by 537 votes in Florida. In 2000, the margin of victory in the Electoral College for George W. Bush was five votes, as opposed to Hayes' one vote.

Upon his defeat, Tilden said, "I can retire to public life with the consciousness that I shall receive from posterity the credit of having been elected to the highest position in the gift of the people, without any of the cares and responsibilities of the office."

Congress would eventually enact the Electoral Count Act in 1887 to provide more detailed rules for the counting of electoral votes, especially in cases of multiple slates of electors being received from a single state.

Results
According to the commission's rulings, of the 2,249 counties and independent cities making returns, Tilden won in 1,301 (57.9%), and Hayes carried only 947 (42.1%). One county (<0.1%) in Nevada split evenly between Tilden and Hayes.

The Greenback ticket did not have a major impact on the election's outcome by attracting slightly under one percent of the popular vote; nonetheless, Cooper had the strongest performance of any third-party presidential candidate since John Bell in 1860. The Greenbacks' best showings were in Kansas, where Cooper earned just over six percent of the vote, and in Indiana, where he earned 17,207 votes, which far exceeded Tilden's margin of victory of roughly 5,500 votes over Hayes in that state.

The election of 1876 was the last one held before the end of the Reconstruction era, which sought to protect the rights of African Americans in the South, who usually voted for Republican presidential candidates. No antebellum slave state would be carried by a Republican again until the 1896 realignment, which saw William McKinley carry Delaware, Maryland, West Virginia, and Kentucky. This is the closest electoral college result in American history, and the second-closest victory in the tipping point state with South Carolina being decided by 889 votes (only the 2000 election in Florida was closer).

No Republican presidential candidate until Warren G. Harding in 1920 would carry any states that seceded and joined the Confederacy. That year, he carried Tennessee, which had never experienced a long period of occupation by federal troops and had been completely "reconstructed" well before the first presidential election of the Reconstruction period (1868). None of the Southern states that experienced long periods of occupation by federal troops was carried by a Republican again until Herbert Hoover in 1928, when he won Texas, Florida, North Carolina, and Virginia, and that proved the last election in which the Republican candidate won Louisiana until 1956, when it was carried by Dwight D. Eisenhower, and the last in which the Republican candidate won South Carolina until 1964, when Barry Goldwater did. The next time those two states voted against the Democrats was their support of the "Dixiecrat" candidate Strom Thurmond in 1948.

Although 1876 marked the last competitive two-party election in the South before the Democratic dominance of the South until 1948 and of the Border States until 1896, it was also the last presidential election (as of 2020) in which the Democrats won the wartime Unionist Mitchell County, North Carolina; Wayne County, Tennessee; Henderson County, Tennessee; and Lewis County, Kentucky. Hayes was also the only Republican president ever to be elected who failed to carry Indiana, and the first to win without New York and Connecticut.



Results by state
Source: Data from Walter Dean Burnham, Presidential ballots, 1836–1892 (Johns Hopkins University Press, 1955) pp 247–57.

States that flipped from Republican to Democratic

 * Alabama
 * Arkansas
 * Connecticut
 * Delaware
 * Mississippi
 * New Jersey
 * New York
 * North Carolina
 * Virginia
 * West Virginia

Close states
Margin of victory less than 1% (7 electoral votes):
 * 1)  South Carolina, 0.5% (889 votes) (tipping point state)

Margin of victory less between 1% and 5% (164 electoral votes):
 * 1) Ohio, 1.1% (7,516 votes)
 * 2) Indiana, 1.3% (5,515 votes)
 * 3) California, 1.8% (2,798 votes)
 * 4) Florida, 2.0% (922 votes)
 * 5) Pennsylvania, 2.4% (17,980 votes)
 * 6) Connecticut, 2.4% (2,894 votes)
 * 7) Wisconsin, 2.4% (6,141 votes)
 * 8) New York, 3.2% (32,742 votes)
 * 9) Louisiana, 3.3% (4,807 votes)
 * 10) Oregon, 3.5% (1,057 votes)
 * 11) Illinois, 3.5% (19,621 votes)
 * 12) New Hampshire, 3.8% (3,030 votes)

Margin of victory between 5% and 10% (33 electoral votes):
 * 1) Nevada, 5.5% (1,075 votes)
 * 2) New Jersey, 5.7% (12,445 votes)
 * 3) North Carolina, 7.2% (16,943 votes)
 * 4) Michigan, 7.9% (25,216 votes)

Cultural references

 * The presidential election of 1876 is a major theme of Gore Vidal's novel 1876.