Electoral Commission (United States) - Proceedings of The Commission

Proceedings of The Commission

The Electoral Commission held its meetings in the Supreme Court chamber. It sat in the same manner as a court, hearing arguments from both Democratic and Republican lawyers. Tilden was represented by Jeremiah S. Black, Montgomery Blair, John Archibald Campbell, Matthew H. Carpenter, Ashbel Green, George Hoadly, Richard T. Merrick, Charles O'Conor, Lyman Trumbull, and William C. Whitney. Hayes was represented by William M. Evarts, Stanley Matthews, Samuel Shellabarger, and E. W. Stoughton.

The tribunal began hearing arguments on February 1, 1877. Tilden's lawyers argued that the Commission should investigate the actions of the state returning boards, and reverse those actions if necessary. Hayes' counsel, on the other hand, suggested that the Commission should merely accept the official returns certified by the state Governor without inquiring into their validity. To do otherwise, it was argued, would have violated the sovereignty of the states. The Commission voted 8-7, along party lines, in favor of the Republican position.

Subsequently, in a series of party-line votes, the Commission awarded all twenty disputed electoral votes to Hayes. Under the Electoral Commission Act, the Commission's findings were final unless overruled by both houses of Congress. Although the Democrat-controlled House of Representatives repeatedly voted to reject the Commission's decisions, the Republican-controlled Senate voted to uphold them. Thus, Hayes' victory was assured.

Unable to overturn the Commission's decisions, many Democrats instead tried to obstruct them. Congressman Abram Hewitt, the Chairman of the Democratic National Committee, made a spurious challenge to the electoral votes from Vermont, even though Hayes had clearly carried the state. The two houses then separated to consider the objection. The Senate quickly voted to overrule the objection, but the Democrats conducted a filibuster in the House of Representatives. In a stormy session that began on March 1, 1877, the House debated the objection for about twelve hours before overruling it. Immediately, another spurious objection was raised, this time to the electoral votes from Wisconsin. Again, the Senate voted to overrule the objection, while a filibuster was conducted in the House. However, the Speaker of the House, Democrat Samuel J. Randall, refused to entertain dilatory motions. Eventually, the filibusterers gave up, allowing the House to reject the objection in the early hours of March 2. The House and Senate then reassembled to complete the count of the electoral votes. At 4:10 AM on March 2, Senator Ferry announced that Hayes and Wheeler had been elected to the presidency and vice presidency, by an electoral margin of 185-184.

Some historians have argued that Democrats and Republicans reached an unwritten agreement (known as the Compromise of 1877) under which the filibuster would be dropped in return for a promise to end Reconstruction. This thesis was most notably advanced by C. Vann Woodward in his 1951 book, Reunion and Reaction. Other historians, however, have argued that no such compromise existed.