THE PRESIDENTIAL ELECTIONS OF 1800 AND 1876

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THE PRESIDENTIAL ELECTIONS OF
1800 AND 1876
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Mismatch Between Ideals of Framers and Todays
Political Process
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Framers Original Intent
Republican Institutions

Rise Above Self-Interest
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Political Parties Divide the Nation
Electoral College A Founding Blunder?
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Political Parties Trump Principles
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From Government of Public Virtue
THE ELECTION OF 1800
To Government of Majority Interests
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THE ELECTORAL COLLEGE
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Electoral College Compromise to Prevent States
or Congress From Electing the President
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• Original Constitution
• Each Elector Casts Two Votes For President

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Tie Votes Go to House of Representatives
If Majority ----- Top Two Only
If Minority ----- Top Five Considered
LAME DUCK House of Reps.
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Jefferson and Burr Tied at 73
Electoral Votes
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THE 4 GEORGIA VOTES
THE 4 GEORGIA VOTES
WERE THEY LEGAL?
WERE THEY LEGAL?
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JEFFERSONS DILEMMA THE RIGHT
THING OR THE POLITICAL THING!
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Jeffersons Decision Transforms Government of
Public Virtue to Government of Majority Interest
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Jefferson Needs 9 States
One Week --- 36 Ballots
10 for Jefferson 4 for Burr
2 Not Voting
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Congressman James Bayard of
Delaware
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12th Amendment

• Each Elector Casts One Vote
• for Slate of Two
• (President and Vice President)

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THE ELECTION OF 1876
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1876 The SYSTEM Restores the Jeffersonian
Idea of Government by Majority Interest
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Gov. Rutherford B. Hayes of Ohio
Gov. Samuel J. Tilden of New York
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Tilden Wins with 51 Popular Vote By ca. 300,000
Majority
Electoral Votes (185 to Win) Tilden 184
Hayes 165 20 Disputed
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Hold Your States
Sen. Zachariah Chandler (Mich) Chairman of the
Republican Party
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OREGON
Hayes Should Receive One Vote
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3 Southern States Returning Boards at Risk of
Election Fraud
Sen. John Sherman of Ohio
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More Ballots Than Voters
South Carolina
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13,000 Democrats Disqualified
Louisiana
Youre Out!
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Florida Recount --- Each Side Wins
FLORIDA
Chads
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Many Democratic Disqualifications Based on
Refusal to Swear Loyalty Oath to the United States

Failure to Register But Attempting to Vote
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WHO COUNTS THE VOTES?
Republican Method President of Senate
Always Counts Votes
Democratic Method Discard Disputed Votes
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ELECTORAL COMMISSION
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Justice David Davis of Illinois
Justice Joseph P. Bradley of New York
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Commission Has Insufficient Time to Study
Fraud
Constitutional Crisis Looming
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Commission Awards All 20 Disputed Electoral
Votes To Hayes by 8 7 Partisan Vote
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Democrats Threaten to Filibuster Reading of
Electoral Votes Past March 4, Inauguration Day
Agreement Hayes Elected March 2
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The Compromise of 1877
Southern Old Whig Democrats Prefer Hayes
to Tilden, The Archbishop of Laissez-Faire
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Compromise of 1877 Terms

• Republicans Support Money for Southern Railroads
  and River Levies
• Democrats Stop Filibuster Hayes Becomes
  President
• Elect Republican (Garfield) Speaker
• Build White Conservative Republican Party in the
  South
• Appoint Democrat (Key) Postmaster
• Troops Out of the South but Southerners will
  Protect Rights of Blacks

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Compromise of 1877 - Implementation

• Filibuster Blocked Hayes President
• Hayes Carried Out His Part
• Key Appointed Postmaster
• White Republicans Southern Party Built
• Hayes Support Aid to RR Failed
• Garfield Not Elected Speaker
• Troops Pulled Out of Southern States
• Blacks Left Unprotected

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Compromise of 1877 - Significance

• Constitutional Government Restored
• Reconstruction Issues Recede
• Northern and Southern Conservatives Discover
  Common Interest

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Old Eight to Seven
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