me to time, over some of the returns of the electoral votes.
The most notable contest was that over the returns from Florida,
Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one
electoral votes from these States should be counted for the
Republican candidates, they would be elected. Should just one of
those votes be given to the Democratic nominees, the Republicans
would lose the election. Now the Senate at this time was
Republican, and the House Democratic, and therefore no
satisfactory adjustment could be reached, because of party
prejudices. The excitement throughout the country was finally
relieved by the agreement on the part of both houses to refer the
decision to an "Electoral Commission."
This commission consisted of five judges of the Supreme Court, five
representatives, and five senators. After examining the returns,
the commission decided, March 2, 1877, by a vote of eight to seven,
that Hayes and Wheeler, the Republican candidates, had received the
twenty-one votes in dispute, thus giving them one hundred and
eighty-five electoral votes, and that Tilden and Hendricks, the
Democratic candidates, had received one hundred and eighty-four
electoral votes.
In consequence of the grave problem which arose in 1877, Congress
passed an act February 3, 1887, which provides that any contest in
the choice of electors in a State must be decided by the State
authorities under the laws of the State.
The Original Method of Choosing the President.--Because
Presidents Washington, Adams, and Jefferson for his first term,
were chosen by the plan given in the original clause, let us
notice, briefly, the method used at that time, and especially the
reasons for the change to the present plan.
Section 1, Clause 2. _The electors shall meet in their respective
States, and vote by ballot for two persons, one of whom, at least,
shall not be an inhabitant of the same State with themselves. And
they shall make a list of all the persons voted for, and of the
number of votes for each; which list they sign and certify, and
transmit, sealed, to the seat of the government of the United
States, directed to the President of the Senate. The President of
the Senate shall, in the presence of the Senate and House of
Representatives, open all the
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