Hayes v. Tilden: To the Edge of the Constitutional Cliff (2024)

Ballot Battles: The History of Disputed Elections in the United States

Edward B. Foley

Published:

2024

Online ISBN:

9780197775875

Print ISBN:

9780197775844

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Ballot Battles: The History of Disputed Elections in the United States

Edward B. Foley

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Edward B. Foley

Edward B. Foley

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Pages

122–154

  • Published:

    May 2024

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Foley, Edward B., 'Hayes v. Tilden: To the Edge of the Constitutional Cliff', Ballot Battles: The History of Disputed Elections in the United States (New York, 2024; online edn, Oxford Academic, 23 May 2024), https://doi.org/10.1093/oso/9780197775844.003.0007, accessed 24 May 2024.

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Abstract

The 1876 presidential election almost caused a second Civil War. President Grant had plans for martial law. The dispute was not resolved until within 48 hours of Inauguration Day. Pistols were drawn on the floor of the House of Representatives the previous day, and the Sergeant-at-Arms was needed to restore order. The Speaker of the House, Samuel Randall, deserves credit for preventing the House from taking the crisis to the point where Congress failed to settle the dispute before Inauguration Day. The “compromise” that caused Republicans to abandon Reconstruction, and with it civil rights for Blacks in the South, also contributed to the settlement. The dispute involved two fundamentally divergent claims of electoral fairness: Republicans felt righteous in opposing the unconstitutional disenfranchisem*nt of southern Blacks, while Democrats cried foul over the vote-counting fraud perpetrated by Republicans. Congress created an Electoral Commission to adjudicate the conflict, but it was poorly structured.

Keywords: Randall, Electoral Commission, Springer, Hayes, Tilden, Bradley, Barlow, McLin, Ferry, McCrary

Subject

US Politics

Collection: Oxford Scholarship Online

Ballot Battles. Edward B. Foley, Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/oso/9780197775844.003.0007

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