Circa1865

Doubtful Elections

“All American presidential elections have been contested except for the first, in 1789, and the ninth, in 1820. In the ninth, President James Monroe ran for reelection and won 231 out of 235 electoral votes (with three abstentions and one dissenting vote for John Quincy Adams). That election is evidence of an organic national unity that is now as extinct as the western frontier.

America has also had at least two stolen presidential elections, as well as one that was almost stolen in 1800, and one in 1860 whose outcome was rejected by half the country, leading to a four-year civil war and a geopolitical division that persists to this day. That America “survived” this civil war depends on the meaning of the verb and ignores the obvious implication that what happened once can happen again.

One of the stolen elections happened in 1960, when tow Democrat political machines, one in Texas and the other in Illinois, manufactured enough votes to decide a close election in favor of John F. Kennedy. The closeness of the vote likely made it easier to steal – Kennedy won the popular vote by only 118,000 votes out of 68 million cast. The shift of two States in the Electoral College would have elected Nixon.

The other definitely stolen election, in 1876, is worth examining in detail . . . and about what a party in power will do to stay in power – especially when it is convinced that it deserves to do so. This time it was the Republicans who stole it. After suffering a severe defeat in congressional elections two years before, a Grant administration wracked by scandals and the country still reeling from the financial panic of 1873, the Republicans entered 1876 with a weak hand.

Yet the Republicans won the election with a bold plan to disenfranchise white voters in three Southern States still under military occupation 11 years after the war: Florida, Louisiana and South Carolina.

By midnight of election day, it appeared Democrat Samuel Tilden of New York had defeated Republican Rutherford B. Hayes of Ohio.

Northern General Daniel Sickles arrived at Republican headquarters and hatched a plan. The defeated Republican governors were instructed to not concede the election; the New York Times was enlisted to promote a narrative of a contested election; and finally, a delegation of Republican leaders, lawyers and bags of Lincoln greenbacks headed for New Orleans, Columbia, Tallahassee and Baton Rouge, to oversee election audits.

Sickle’s strategy for challenging the legitimacy of the result was to have his bagmen allege that white Democrats intimidated freedmen to keep them from voting, which was grounds under reconstruction law for canceling an equal number of white votes.

The morning edition of the New York Times declared the new reality: “A Doubtful Election.” The second morning edition proclaimed not only Oregon but South Carolina and Louisiana for Hayes. As Republican leaders had worked out their plan to steal the 1876 election, they knew their party still controlled all the levers of power and the trappings of legitimacy necessary: the Supreme Court, the White House, the Senate, and most importantly, the State canvassing boards in the three Southern States.”

(“As American as a Stolen Election,” H.A. Scott Trask. Chronicles Magazine, August 2023, excerpts pp. 7-8)

The Republican party of Maryland had come to power in 1896 advocating political virtue and responsible leadership. As in other States, this party went right to work in erecting barriers to the Democrat party ever regaining power and diluting their voter strength. In Baltimore, city wards were “renumbered and regrouped in order to assure maximum Republican ascendancy.” Republicans also repealed the Eastern Shore law which denied the traditional assignment of one senator from the east, thus permitting two from the West where Republicans were firmly in control. It took only several years of Republican political virtue for the State’s voters to return the Democrats to power in 1899.

Republican Political Virtue in Maryland

“Even more offensive to the political reform element was the record of political legerdemain of the Republican leaders both in the city and in the State governments. Gov. Lloyd Lowndes personally endeavored to fulfill campaign promises of an honest administration, but his efforts were nullified by chicanery and fraud on the part of his Republican associates. Foremost among these was Congressman Sidney E. Mudd of the Fifth Congressional District who in 1896 while Speaker of the House of Delegates, had extended his influence over the counties of Southern Maryland and, corralling the Negro vote there, had quickly become one of the leading Republican bosses.

Although well-educated, his attitude toward political morality was cynical and can best be exemplified by his own definition of an honest man as “a bastard who will stay bought.”

The worst Republican scandal arose over fraudulent census returns. While serving in Congress in 1900, Mudd had sponsored the appointment of a group of census enumerators for his district and, it was alleged, had intimated to them the type of returns he expected. One of Mudd’s ardent henchmen made certain that census lists for several counties were padded with names secured from tombstones and similar sources. Children aged five and six were listed as day laborers and schoolteachers so that the Federal Census of 1900, insofar as it applied to Southern Maryland, enhanced the influence of Mudd’s bailiwick and gave the Republicans there a sizable number of non-existent voters.”

(Arthur Poe Gorman: A Biography, John R. Lambert, LSU Press, 1953, pg. 273-274)

Author Jonathan W. White’s book “Emancipation, the Union Army and the Reelection of Abraham Lincoln” (LSU Press, 2014) contends that Secretary of War Edwin Stanton utilized intimidation tactics to ensure Lincoln’s election and use the soldier vote to help accomplish it. His assistant secretary, Charles A. Dana, admitted to using the full power of the War Department to ensure Lincoln’s electoral triumph. Stanton also employed creative solutions for filling the blue ranks with soldiers.

By May 1864, the initial three-year enlistments had expired and strong measures utilized for re-enlisting the veterans. The hated draft was causing riots in northern cities, and Grant complained often of the useless soldiers he was sent — paid substitutes and draftees who often deserted at the first opportunity.

Desperate to retain the veterans, Stanton demanded additional government bounty money to entice them to stay, one-month furloughs home to show off their “Veteran Volunteer” sleeve chevrons, and commanders rewarded with promotions for re-enlistments obtained. Commanders unsuccessful in their re-enlistment efforts were denied promotion or cashiered.

The bounty money made soldiers wealthy men for the time, but naturally caused them to avoid battle in order to spend it. White estimates that only 15 percent of veteran soldiers re-enlisted, leaving 85 percent who walked away, as it had become an abolition war rather than the “save the Union” banner they had enlisted under. Additionally, they saw emancipation bringing many black freedmen north in search of employment, thus depressing wages and taking jobs from white northerners.

Penalty for Not Re-Enlisting

In May [1864] the three-years’ service of the regiment had expired; and three hundred and seventy-five men who had not reenlisted as veterans were mustered out and made their way home as best they could. On arriving in New York, they drew up and adopted a series of resolutions. They began by rehearsing an order of Col. [Henry L.] Abbot, dated May 21, urging them to “stand by their colors, and not march to the rear to the sound of the enemy’s cannon.”

The reason for their non-re-enlistment seems to be stated in the charge against Col. Abbot:

“That he has spared no pains to place over us a military aristocracy, subjecting us to every variety of petty annoyance, to show his own power, and take away our manhood; subjecting men to inhuman and illegal punishments for appealing to him for justice; disgracing others for attempting to obtain commissions in colored regiments; . . . about May 4 ordering his heavy artillery men who had not re-enlisted, into the ditch for the remainder of their term of service, thus placing us on a level with prisoners under sentence for court-martial; and finally capping the climax by leaving us to the tender mercy of provost-marshals, turning us loose on the world, without pay, without officers, without transportation, without rations and without our colors.”

(The Military & Civil History of Connecticut, During the War of 1861-1865. W. Croffut & J. Morris. Ledyard Bill. 1869, pg. 558-559)

It is erroneous that the Republican party of Lincoln was an “anti-slavery” party and hostile to slavery. The party depended greatly upon new and recent immigrant votes, those who wanted cheap or free land and no labor competition from black people. The western territories were to be reserved for immigrant whites, the South was not to be allowed to bring their workers to the west.  The war of course destroyed the South’s economy and political strength, forced Southerners to accept Northern decrees, and to keep its black people in the South where they could not take jobs from white Northerners.

Lincoln’s Secretary of State, William Seward, viewed black people as did Lincoln, who, when asked of their postwar future stated that they must “root-hog or die.” And he meant that they had to do this in the South and nowhere else in the country. This would quickly change with Radical Republican control of the party and the imperative that Grant be elected president in 1868. To effect this they enfranchised 500,000 illiterate men to vote against New York’s Horatio Seymour, who lost that election by some 300,000 votes.

Seward on God’s Poor

“But Seward viewed the Black Codes as an issue of secondary importance. He was now concerned more with reconciliation between the white majorities, North and South, than he was with the fate of the blacks, for whom the war had already brought freedom. In April, 1866 he gave an interview to Charles Eliot Norton and Edwin Godkin, publishers of the influential magazine Nation.

According to Seward there should be no question about re-admitting the South to full representation in Congress; it had as much right to representation as did the North. He then responded to a question about the blacks:

“The North has nothing to do with the Negroes. I have no more concern for them than I have for the Hottentots. They are God’s poor; they always have been and always will be so everywhere . . . the laws of political economy will determine their position and the relations of the two races.”

(William Henry Seward: Lincoln’s Right Hand, John M. Taylor, Harper Collins, 1991, excerpt pg. 260)

In an effort to forestall a Republican “Force Bill” designed to bring reconstruction horrors back to the postwar South, fourteen spokesmen that included Zebulon Vance, Robert Stiles and Bernard J. Sage undertook to explain the Solid South to what may be termed the New North. In April 1890 they published a symposium “Why the Solid South? Or Reconstruction and its Results,” designed to appeal to the self-interest of the North’s business class and a very clear recapitulation of what Reconstruction thus far “had cost in money, public morale and cultural retardation.”

An American Chamber of Horrors

“Hilary Herbert of Alabama, who served as editor, expressed . . . in a preface: “Its object is to show to the public, and more especially to the businessmen of the North, who have made investments in the South, or who have trade relations with their Southern fellow citizens, the consequences which once followed an interference in the domestic affairs of certain States by those, who either did not understand the situation or were reckless of results.”

There followed factual histories of Reconstruction in each of the ex-Confederate States, including West Virginia and Missouri, which also had suffered from the fraud, repression and vicious partisanship of the postwar settlement. All in all, it is one of the most dismal stories ever told, unrelieved by a single ray of light, unless a revelation of how much people can endure and how they will struggle to attain their hopes even in extremis be such.

Governor Vance of North Carolina in a particularly mild and philosophic chapter pointed out that during what was supposed to be a moral and political rebirth “the criminals sat in the law-making chamber, on the bench and in the jury-box, instead of standing in the dock.” It has become the fashion nowadays to regard Reconstruction as a kind of chamber of horrors into which no good American would care to look, but Governor Vance reminded his readers that no portion of our history better deserves study “by every considerate patriot.”

From the comparatively uneventful story of North Carolina’s experience, the chronicle moves on to the wild saturnalia of South Carolina, where amid riotous spending of public funds the State House was turned into a combination of saloon and brothel. Yet the ordeal of South Carolina was matched by that of Louisiana, where in four years’ time the incredible Warmoth regime squandered an amount equal to half the wealth of the State.

“Corruption is the fashion,” Governor Warmoth, an ex-soldier who had been dishonorably discharged from the Federal army, remarked with laudable candor. “I do not pretend to be honest, but only as honest as anybody in politics.”

(The Southern Tradition at Bay: A History of Postbellum Thought, Richard M. Weaver, George Core/M.E. Bradford, editors, Regnery Publishing, 1989, excerpts pp. 330-332)

After Republicans fared poorly in the 1862 elections, the party would take precautions which guaranteed success the following year. They found that “the military power of the federal government, aided and supplemented by the organized Union Leagues and Strong Bands, could alone ensure electoral success in the more important Northern States.” General Schenck, below, was a political appointee of Lincoln.

Test Oaths and Federal Bayonets

“[Lincoln’s election] leadership received a new and emphatic demonstration in Maryland. Just on election eve ex-Governor Hicks, now in the United States Senate and co-operating with the Radicals, advised General Robert Schenck, in charge of the area, to place restrictions on disloyal voters in the State.

At least, Hicks suggested, voters should be forced to take a stringent oath. Hearing that troops were being sent to Maryland to administer test oaths, Governor Bradford protested to Lincoln. But General Schenck, who had defeated [Ohioan Clement] Vallandigham in the congressional elections the year before and would soon take his seat in the House of Representatives, was as violent a Radical as Burnside.

He promptly ordered provost marshals to take troops to the polls, prevent disorder, and administer oaths to suspected Democrats. [Maryland Republican Gov. Augustus] Bradford protested to Lincoln and issued a proclamation rescinding Schenk’s orders. The general forbade the telegraph companies to transmit the Governor’s order.

Lincoln replied to Bradford with a reminder that the Governor had been elected with federal bayonets the year before. Moreover, said the President, it was not enough that the candidates be true men. “In this struggle for the nation’s life” it was necessary that loyal men should have been elected only by loyal voters.

Schenck himself, after consulting Stanton, told Lincoln that without military intervention “we lose this State.” The President modified Schenck’s order slightly, but accepted the basic principle.

On election day the troops were at the polls. In Kent County, on the Eastern Shore, they arrested leading Democrats and scurried them across the bay.  The commander issued instructions that only candidates of the Union League convention were recognized by the federal authorities. In other places the soldiers administered oaths, arrested Democrats, and voted themselves.”

(Lincoln and the War Governors, William B. Hesseltine, Albert A. Knopf, 1955, pp. 337-338)

In mid-1864 Lincoln’s prospects for defeating the South’s bid for independence were bleak, and cracks appeared in his shaky coalition dominated by Radicals.  It was at this time that Southern commissioners were in Canada planning a northern front with freed prisoners at Johnson’s Island and burning New York City in retaliation for Atlanta. Had this found success, and Generals Joe Johnston and Nathan Bedford Forrest been left to harass and defeat Sherman’s army before Atlanta, a negotiated peace and thousands of lives saved might have resulted.

But, as Assistant Secretary of War Charles A. Dana wrote, “All the power and influence of the War Department . . . was employed to secure the re-election of Mr. Lincoln.” In his study of Lincoln as politician, author Don C. Seitz writes that “something like two hundred thousand soldiers were furloughed to go home and vote.”

Lincoln’s Reelection in 1864

“Apathy and disheartenment reached even into the upper circles of the [Republican] party and penetrated the White House. Henry J. Raymond, editor of the New York Times, heard only discouraging reports and learned only of a general conviction that a change was needed. The consensus seemed to be that the war languished and Lincoln would not or could not bring peace. War-weariness and a desire for peace was everywhere.

Something had to be done, Raymond told [Secretary of War Simon] Cameron, to attract public attention. “Great victories might do it – but we are not likely to get them.” Raymond asked Cameron’s advice on another step: let Lincoln propose to Jeff Davis that both sides disband their armies and stop the war “on the best basis of recognizing the supremacy of the constitution” and refer all disputed questions to a convention of the States!

Raymond went to Washington to lay the proposal before the President, but Lincoln did not accept it. Instead he wrote a memorandum sealed it, had the members of the cabinet witness the envelope, and put it in his desk. The memorandum read: “This morning as for some days past, it seems exceedingly possible that this administration will not be elected.  Then it will be my duty to so cooperate with the President-elect as to save the Union between the election and the inauguration as he will have secured his election on such grounds that he cannot possibly save it afterwards.”

If Lincoln had in mind following Raymond’s plan, he was merely adopting [Horatio] Seymour’s proposals for a negotiated peace.  The prospect frightened [Massachusetts Governor] John Andrew and he dashed about furiously writing letters  . . . asking help [in saving] Lincoln from evil influences.

Sherman’s victory before Atlanta reinvigorated the Republican campaign. The President wrote to [General W.T.] Sherman to let Indiana’s soldiers, “or any part of them, go home at vote at the State election.” This was, Lincoln explained, in no sense an order. Sherman understood that it was a command. He sent soldiers home, and on election day in October the soldiers gathered at the Indiana polls. The Nineteenth Regiment of Vermont Volunteers voted in Indiana that day, but many a Democrat found his vote challenged. When the votes were counted, [Governor Oliver P.] Morton had been elected by a majority of 22,000.

On that same day the need for Lincoln’s aid was illustrated in Pennsylvania.  Under the law the Democratic minority had no rights, But Republican [Governor Andrew] Curtin, disgusted with the situation generally, determined to appoint some Democratic commissioners to collect the soldiers’ vote.  As the commissioners passed through Washington, however, the Democrats among them disappeared, under [Secretary of War Edwin] Stanton’s orders, into the Old Capitol Prison.”

(Lincoln and the War Governors, William B. Hesseltine, Albert A. Knopf, 1955, pp. 377-379)

The brief Gettysburg address of Lincoln was described by listeners as “a wet blanket” after Edward Everett’s stirring oration, but it did announce the end of the original confederation of States. While Northern governors expected words of appreciation for the sacrifices of the various States supporting his war, “Lincoln rose at Gettysburg to talk of the nation.” He did not “mention that four score and seven years before, the Father had brought forth thirteen independent States.”  As Lincoln spoke of government of the people and by the people, few were aware that a hundred miles away General Robert Schenck’s blue-clad soldiers were patrolling the election polls in Delaware.

A New Nation of Men of Lesser Minds

“Only three times did groups of [Northern] governors assemble to formulate policy. The Cleveland meeting of Western governors and [Pennsylvania’s Governor] Curtin in May 1861 came at the height of initial enthusiasm for the war, and the governors merely demanded that more attention be given to the West.  Lincoln accepted their pledge of cooperation and gave the governors so much work in raising troops that they had no time for further consultation over campaign strategy.

The Providence meeting of New England governors sent a committee to Lincoln to demand cabinet changes, but the President skillfully . . . turned them away. [Massachusetts Governor] Andrew led his neighbors from Providence to Altoona, but was unable to get agreement from other governors for schemes to use Negro troops [to avoid drafting white men] and replace McClellan with Fremont.

On the eve of the conference Lincoln issued the preliminary emancipation proclamation and cut the ground out from under Andrew’s radical plot.  Thereafter the governors attempted no meeting, and Lincoln dealt with them separately.

Lincoln had an enormously swollen patronage to dispense . . . but no part of the patronage was at the disposal of the governors. Moreover, the military patronage was at the President’s disposal. Governors might appoint company and regimental officers, but promotions from grade to grade and the selection of general officers depended on the President. The army and the civil patronage – as the experiences in the Border States, in Ohio in 1863, and in the campaign of 1864 proved – put the Republican Party exclusively in Lincoln’s hands.

But in the long run Lincoln’s victory over the governors was the triumph of a superior intellect. Of the sixty-three chief executives of the States only [New York’s] Horatio Seymour could approach the President in quality of mind. Seymour’s partial success in blocking conscription was a tribute to his intellectual power [and he] might have prevented the destruction of States’ rights [in the North].  But Seymour stood alone [and most] of the others were mediocrities who owed their positions to “availability” rather than to ability.

And this, above all, made Lincoln the architect of the new nation. The victory of nationalism over localism, of centralization over States’ rights, was, in the last analysis, a victory of a keener intellect over men of lesser minds. The new nation that emerged from the Civil War was not solely the result of the military defeat of the armies of Robert E. Lee. It was equally the result of the political victory that Abraham Lincoln’s mind and personality won over the governors of the Northern States.”

(Lincoln and the War Governors, William B. Hesseltine, Albert A. Knopf, 1955, pp. 391-392)

The contested result of the 1876 election was settled in a back room, with Democrats acquiescing to “His Fraudulency” Rutherford B. Hayes ascent to the presidency in exchange for the removal of Northern occupation troops from the South and the assurance of federal railroad aid.

Fraud was National

“Early in the morning after the election, [the New York Times], after accounting politically for every State in the Union but Florida, announced: ‘This leaves Florida alone still in doubt. If the Republicans have carried that State, as they claim, they will have 185 votes, a majority of one.’ The situation was not quite that simple, but Florida’s vote was that important. “Visiting statesmen” from both parties hastened to Tallahassee. Local partisans were active too.

[Politician and former Northern general] Lew Wallace described the Florida situation in a letter to his wife: “It is terrible to see the extent to which all classes go in their determination to win. Conscience offers no restraint. Nothing is so common as the resort to perjury . . . Money and intimidation can obtain the oath of white men as well as black to any required statement . . . If we [Republicans] win, our methods are subject to impeachment for possible fraud. If the enemy [Democrats] win, it is the same thing . . .”

Fraud was national. It applied to the Presidency as well as railroad bonds. “Visiting statesmen” who came late showed no more scruples than carpetbaggers who came early or the scalawags whom they found. The Republicans secured the vote of Florida, Louisiana and South Carolina.

But the Florida vote remains more significant in view of Dr. Vann Woodward’s statement that the consensus of modern scholarship is “that Hayes was probably entitled to the electoral votes of South Carolina and Louisiana, and that [Samuel] Tilden was entitled to the four votes of Florida, and that Tilden was therefore elected by a vote of 188 to 181.”

(Prince of Carpetbaggers, Jonathan Daniels, J.B. Lippincott, 1958, excerpts pp. 282-283)

A congressional committee investigating naturalization frauds in New York and Philadelphia found it was the common practice on the eve of elections for immigrants, many not yet qualified by residency, were naturalized in droves by political machines like Tammany Hall. The immigrant influx had created two Americas by the late 1850s: An immigrant-dominated North versus a South still consisting of English and Scots-Irish who originally settled the region. The former knew little of American institutions; the latter revered limited government, self-reliance and independence.  

In 1860, the South contained some 233,000 people born under a foreign flag, while the North held nearly 4 million foreign-born inhabitants. While running for president in mid-1860, Lincoln purchased Springfield (Illinois) Zeitung to gather immigrant votes; by 1864, fully 25% of Lincoln’s war machine consisted of Germans.

Immigrant Politics and Recruits

“In 1835, it was reported that more than one-half of the paupers in the almshouses of New York, Philadelphia, Boston and Baltimore were foreign-born, and in later years the proportion was even higher. Crime statistics, too, revealed a disproportionate number of foreign-born offenders; in 1850 there were three times as many foreign-born inmates of the New York State prisons as there were natives.

To many nativists an equally grave and more immediate threat to republican freedom stemmed from the political role of the foreign-born. In places the proportion of foreign-born voters had so increased as to hold the balance of electoral power; this of itself was a source of alarm, for most immigrants remained ignorant of American institutions.

In addition, the electoral violence and voting frauds, which had come to characterize immigrant voting in politics, we believed to be sapping the very foundations of the American political system.  There were numerous complaints of native voters being kept from the polls by organized mobs of foreign laborers, of immigrants voting on the very day of their arrival in America, and of hired witnesses and false testimony as the commonplaces of naturalization proceedings.

[Native resentment] of German arrogance gave way to excited warnings against the machinations of a disaffected and turbulent element to whom America had unwisely given asylum. [An example of this were] the demands of Communist Forty-Eighters like Wilhelm Weitling, who advocated complete social revolution and the establishment of an American “republic of the workers.”

In Missouri in the spring of 1861, the bulk of Union forces consisted of German militiamen [who] thwarted secessionist attempts to take the State out of the Union.  What led many to enlist was the offer of a bounty greater than an unskilled laborer’s annual earnings.  Large numbers, too, joined the army because the trade depression at the beginning of the war, and its consequent unemployment, left them no choice save starvation or military service.

Such cases were common, for example, in New York where Horace Greeley, struck in April 1861 by the high proportion of foreigners among the recruits, wondered whether “the applicants were actuated by the desire of preserving the Union of the States or the union of their own bodies and souls.”

(American Immigration, Maldwyn Allen Jones, University of Chicago Press, 1960, excerpts pp. 152-154; 171-172)