A
dark horse nominee (
James G. Blaine had led the previous six ballots) by his convention, Hayes became president after the tumultuous, scandal-ridden years of the Grant administration. He had a reputation for honesty dating back to his Civil War years. Hayes was quite famous for his ability not to offend anyone.
Henry Adams, a prominent political journalist and Washington insider, asserted that Hayes was "a third rate nonentity, whose only recommendation is that he is obnoxious to no one." Nevertheless, his opponent in the presidential election,
Democrat Samuel J. Tilden, was the favorite to win the presidential election and, in fact, won the popular vote by about 250,000 votes (with about 8.5 million voters in total).
Four states'
electoral college votes were contested. In order to win, the candidates had to muster 185 votes: Tilden was short just one, with 184 votes, Hayes had 165, with 20 votes representing the four states which were contested. To make matters worse, three of these states (
Florida, Louisiana, and
South Carolina) were in the South, which was still under military occupation (the fourth was
Oregon). Additionally, historians note, the election was not fair because of the improper fraud and intimidation perpetrated from both sides. A popular phrase of the day called it an election without "a free ballot and a fair count." For the next four years, Democrats would refer to Hayes as "Rutherfraud B. Hayes" for his allegedly illegitimate election, as he had lost the popular vote by roughly 250,000 votes.
To peacefully decide the results of the election, the two houses of Congress set up the
Electoral Commission to investigate and decide upon the actual winner. The commission constituted 15 members: five from the House, five from the Senate and five from the Supreme Court. Additionally, the Commission was bi-partisan consisting of 7 Democrats, 7 Republicans and a "swing" vote in Joseph P. Bradley, a Supreme Court Justice. Bradley, however, was a Republican at heart and thus the ruling followed party lines: 8 to 7 voted for Hayes winning in all of the contested 20 electoral votes.
Key Ohio Republicans like
James A. Garfield and the Democrats, however, agreed at a Washington hotel on the
Wormley House Agreement. Southern Democrats were given assurances, in the
Compromise of 1877, that if Hayes became president, he would pull federal troops out of the South and end
Reconstruction. An agreement was made between them and the Republicans: if Hayes's cabinet consisted of at least one Southerner and he withdrew all Union troops from the South, then he would become President.