Presidential Mistakes: Rutherford Hayes and the Compromise of 1877
For years, many historians ranked Ulysses Grant as one of the worst presidents because of the scandals that plagued his administration. Many of these historians who made these rankings were supporters of the Democratic Party at a time when the party relied on the support of southern states, and therefore these historians gave Grant no credit for his vigorous protection of the rights of former enslaved people in the south. Grant worked to ensure ratification of the Fifteenth Amendment approved by Congress. The amendment prohibited the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude." On December 24, 1869, Grant established federal military rule in Georgia and restored black legislators who had been expelled from the state legislature. On February 3, 1870, the amendment reached the requisite number of state ratifications (then 27) and was certified as the Fifteenth Amendment to the United States Constitution. By mid-1870 former Confederate states: Virginia, Texas, Mississippi, and Georgia had ratified the 15th Amendment and were readmitted to the Union.
On June 22, 1870, Grant signed a bill that created the Department of Justice. The Department of Justice vigorously prosecuted Ku Klux Klan members in the early 1870s. Grant appointed Hiram C. Whitley as director of the new Secret Service Agency in 1869, after he had successfully arrested 12 Klansmen in Georgia who would murdered a leading local Republican official. Whitley used talented detectives who infiltrated and broke up KKK units in North Carolina and Alabama. Grant also sent in Army troops and declared martial law, sending in US marshals backed by the federal troops to arrest 500 Klansmen. Hundreds of others surrendered in return for leniency. In the first few years of Grant's first term in office, there were 1000 indictments against Klan members with over 550 convictions from the Department of Justice. By 1871, there were 3000 indictments and 600 convictions. Ringleaders were imprisoned for up to five years in the federal penitentiary in Albany, New York. The result was a dramatic decrease in violence in the South.
On July 14, 1870, Grant signed into law the Naturalization Act of 1870 that allowed persons of African descent to become citizens of the United States. This revised an earlier law, the Naturalization Act of 1790 that only allowed white persons of good moral character to become U.S. citizens. Grant also signed a bill, known as the Force Act of 1870 on May 31, 1870. This law placed severe penalties on persons who used intimidation, bribery, or physical assault to prevent citizens from voting and placed elections under Federal jurisdiction.
On January 13, 1871, Grant submitted a report to Congress on violent acts committed by the Ku Klux Klan in the South. Grant called the situation dire and he said that federal legislation was needed that would "secure life, liberty, and property, and the enforcement of law, in all parts of the United States." Congress investigated the Klan's activities and eventually passed the Force Act of 1871 to allow prosecution of the Klan. This Act was also known as the "Ku Klux Klan Act." It was written by Representative Benjamin Butler, and was passed by Congress to specifically go after local units of the Ku Klux Klan. This law allowed the president to suspend habeas corpus on "armed combinations" and conspiracies by the Klan. The Act also empowered the president "to arrest and break up disguised night marauders". The actions of the Klan were defined as high crimes and acts of rebellion against the United States.
The Klan was especially strong in South Carolina between 1868 and 1870. South Carolina Governor Robert K. Scott allowed the Klan to rise to power. Grant ordered the Ku Klux Klan to disperse from South Carolina and lay down their arms under the authority of the Enforcement Acts on October 12, 1871. On October 17, 1871, Grant issued a suspension of habeas corpus in all the 9 counties in South Carolina and he ordered federal troops in the state who then captured members of the Klan, who were vigorously prosecuted.
But Grant's successor, Rutherford Hayes, undid much of the good that Grant had accomplished. In the November 1876 United States presidential election, Samuel J. Tilden received 184 uncontested electoral votes and Rutherford B. Hayes received 165, with 185 votes necessary for a majority. Four states (Florida, Louisiana, Oregon, and South Carolina) returned disputed slates of presidential electors with a total of twenty electoral votes at stake. Any of the disputes being resolved in Tilden's favor would secure him the presidency, while Hayes needed all twenty votes to be certified in his favor. To resolve these disputes in the absence of a clear constitutional directive, Congress passed the Electoral Commission Act, which established a 15-member commission of eight Republicans and seven Democrats to review the contested elections.
The Commission voted 8-7, along party lines, to certify each disputed election in favor of Hayes. Under the Act, the Commission's findings were final unless rejected by both the Senate and House of Representatives. The Senate, controlled by Republicans, declined to do so, but Democratic Representatives in the House resorted to delaying tactics by raising spurious objections to electors from Vermont and Wisconsin and filibustering the debate on those objections. At 4:10 am on March 2, President pro tempore of the Senate Thomas W. Ferry announced that Hayes had been elected to the presidency by an electoral margin of 185-184.
The logjam was broken by what became known as the Compromise of 1877, also known as the Wormley Agreement or the Bargain of 1877. This was an unwritten agreement, informally arranged among members of the United States Congress, to settle 1876 presidential election. Under its terms, Democrats would acquiescence to the election of Hayes without resort to violence, provided that Hayes would order the withdrawal of the last federal troops from the Southern United States.
Under the compromise, Democrats controlling the House of Representatives allowed the decision of the Electoral Commission to take effect. Grant was required to removed soldiers from Florida, but that was as far as he would go. Hayes removed the remaining troops from South Carolina and Louisiana. As soon as the troops left, many white Republicans also left, and the "Redeemer" Democrats took control of the state houses. Black Republicans felt betrayed as they lost their power in the South that had been propped up by the federal military. By 1905 most black people were effectively disenfranchised in every Southern state.
Following are the main points of the compromise agreed to by Hayes:
1, The removal of all remaining U.S. military forces from the former Confederate states: At the time, U.S. troops remained only in Louisiana, South Carolina, and Florida, but the Compromise completed their withdrawal from the region.
2. The appointment of at least one Southern Democrat to Hayes' cabinet: David M. Key of Tennessee was appointed as Postmaster General.
3. The construction of another transcontinental railroad using the Texas and Pacific in the South.
4. Legislation to help industrialize the South and restore its economy following the Civil War and Reconstruction.
5. The right of southern state legislatures to deal with African-Americans without northern interference.
After the Compromise, some Democrats still complained that Tilden had been cheated. There were rumors of armed units that would march on Washington. President Grant increased military security, and nothing came of these threats. Hayes was inaugurated and went along with the compromise. Points 3 and 4 were never enacted because there was no firm agreement about them.
The Compromise of 1877 brought about the End of Reconstruction and enabled the Jim Crow laws to take effect in the south. Business and industry interests of the new South met with northern industrialists at Wormley's Hotel in Washington to forge a compromise for internal improvements in the south, such as bridges, canals and railroads. But no serious federal effort was made after Hayes took office to fund a railroad.
The dominance of the Democratic Party in the South was cemented by the compromise. "Redeemer" governments that displaced the Republican governments. After 1877, support for white supremacy generally caused whites to vote for Democrats and the region became known as the "Solid South". Democrats controlled state representative and statewide seats. The majority of white voters supported national Democratic candidates well into the 20th century before shifting to the Republican Party. This later shift to the Republican party followed the Civil Rights Act of 1964, which was introduced by Democratic President Lyndon B. Johnson and supported by most Republicans and northern Democrats. Hayes acquiescence to this deal meant that for almost a century, the federal government looked the other way while racists and white supremacists ruled the roost in the south, to the detriment of African-Americans. Many wondered what had been gained by fighting the Civil War? The Compromise of 1877 ushered in the Jim Crow years, one of the most shameful chapters in American history.
On June 22, 1870, Grant signed a bill that created the Department of Justice. The Department of Justice vigorously prosecuted Ku Klux Klan members in the early 1870s. Grant appointed Hiram C. Whitley as director of the new Secret Service Agency in 1869, after he had successfully arrested 12 Klansmen in Georgia who would murdered a leading local Republican official. Whitley used talented detectives who infiltrated and broke up KKK units in North Carolina and Alabama. Grant also sent in Army troops and declared martial law, sending in US marshals backed by the federal troops to arrest 500 Klansmen. Hundreds of others surrendered in return for leniency. In the first few years of Grant's first term in office, there were 1000 indictments against Klan members with over 550 convictions from the Department of Justice. By 1871, there were 3000 indictments and 600 convictions. Ringleaders were imprisoned for up to five years in the federal penitentiary in Albany, New York. The result was a dramatic decrease in violence in the South.
On July 14, 1870, Grant signed into law the Naturalization Act of 1870 that allowed persons of African descent to become citizens of the United States. This revised an earlier law, the Naturalization Act of 1790 that only allowed white persons of good moral character to become U.S. citizens. Grant also signed a bill, known as the Force Act of 1870 on May 31, 1870. This law placed severe penalties on persons who used intimidation, bribery, or physical assault to prevent citizens from voting and placed elections under Federal jurisdiction.
On January 13, 1871, Grant submitted a report to Congress on violent acts committed by the Ku Klux Klan in the South. Grant called the situation dire and he said that federal legislation was needed that would "secure life, liberty, and property, and the enforcement of law, in all parts of the United States." Congress investigated the Klan's activities and eventually passed the Force Act of 1871 to allow prosecution of the Klan. This Act was also known as the "Ku Klux Klan Act." It was written by Representative Benjamin Butler, and was passed by Congress to specifically go after local units of the Ku Klux Klan. This law allowed the president to suspend habeas corpus on "armed combinations" and conspiracies by the Klan. The Act also empowered the president "to arrest and break up disguised night marauders". The actions of the Klan were defined as high crimes and acts of rebellion against the United States.
The Klan was especially strong in South Carolina between 1868 and 1870. South Carolina Governor Robert K. Scott allowed the Klan to rise to power. Grant ordered the Ku Klux Klan to disperse from South Carolina and lay down their arms under the authority of the Enforcement Acts on October 12, 1871. On October 17, 1871, Grant issued a suspension of habeas corpus in all the 9 counties in South Carolina and he ordered federal troops in the state who then captured members of the Klan, who were vigorously prosecuted.
But Grant's successor, Rutherford Hayes, undid much of the good that Grant had accomplished. In the November 1876 United States presidential election, Samuel J. Tilden received 184 uncontested electoral votes and Rutherford B. Hayes received 165, with 185 votes necessary for a majority. Four states (Florida, Louisiana, Oregon, and South Carolina) returned disputed slates of presidential electors with a total of twenty electoral votes at stake. Any of the disputes being resolved in Tilden's favor would secure him the presidency, while Hayes needed all twenty votes to be certified in his favor. To resolve these disputes in the absence of a clear constitutional directive, Congress passed the Electoral Commission Act, which established a 15-member commission of eight Republicans and seven Democrats to review the contested elections.
The Commission voted 8-7, along party lines, to certify each disputed election in favor of Hayes. Under the Act, the Commission's findings were final unless rejected by both the Senate and House of Representatives. The Senate, controlled by Republicans, declined to do so, but Democratic Representatives in the House resorted to delaying tactics by raising spurious objections to electors from Vermont and Wisconsin and filibustering the debate on those objections. At 4:10 am on March 2, President pro tempore of the Senate Thomas W. Ferry announced that Hayes had been elected to the presidency by an electoral margin of 185-184.
The logjam was broken by what became known as the Compromise of 1877, also known as the Wormley Agreement or the Bargain of 1877. This was an unwritten agreement, informally arranged among members of the United States Congress, to settle 1876 presidential election. Under its terms, Democrats would acquiescence to the election of Hayes without resort to violence, provided that Hayes would order the withdrawal of the last federal troops from the Southern United States.
Under the compromise, Democrats controlling the House of Representatives allowed the decision of the Electoral Commission to take effect. Grant was required to removed soldiers from Florida, but that was as far as he would go. Hayes removed the remaining troops from South Carolina and Louisiana. As soon as the troops left, many white Republicans also left, and the "Redeemer" Democrats took control of the state houses. Black Republicans felt betrayed as they lost their power in the South that had been propped up by the federal military. By 1905 most black people were effectively disenfranchised in every Southern state.
Following are the main points of the compromise agreed to by Hayes:
1, The removal of all remaining U.S. military forces from the former Confederate states: At the time, U.S. troops remained only in Louisiana, South Carolina, and Florida, but the Compromise completed their withdrawal from the region.
2. The appointment of at least one Southern Democrat to Hayes' cabinet: David M. Key of Tennessee was appointed as Postmaster General.
3. The construction of another transcontinental railroad using the Texas and Pacific in the South.
4. Legislation to help industrialize the South and restore its economy following the Civil War and Reconstruction.
5. The right of southern state legislatures to deal with African-Americans without northern interference.
After the Compromise, some Democrats still complained that Tilden had been cheated. There were rumors of armed units that would march on Washington. President Grant increased military security, and nothing came of these threats. Hayes was inaugurated and went along with the compromise. Points 3 and 4 were never enacted because there was no firm agreement about them.
The Compromise of 1877 brought about the End of Reconstruction and enabled the Jim Crow laws to take effect in the south. Business and industry interests of the new South met with northern industrialists at Wormley's Hotel in Washington to forge a compromise for internal improvements in the south, such as bridges, canals and railroads. But no serious federal effort was made after Hayes took office to fund a railroad.
The dominance of the Democratic Party in the South was cemented by the compromise. "Redeemer" governments that displaced the Republican governments. After 1877, support for white supremacy generally caused whites to vote for Democrats and the region became known as the "Solid South". Democrats controlled state representative and statewide seats. The majority of white voters supported national Democratic candidates well into the 20th century before shifting to the Republican Party. This later shift to the Republican party followed the Civil Rights Act of 1964, which was introduced by Democratic President Lyndon B. Johnson and supported by most Republicans and northern Democrats. Hayes acquiescence to this deal meant that for almost a century, the federal government looked the other way while racists and white supremacists ruled the roost in the south, to the detriment of African-Americans. Many wondered what had been gained by fighting the Civil War? The Compromise of 1877 ushered in the Jim Crow years, one of the most shameful chapters in American history.