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Updated: June 25, 2025
Marshall's suggestion seems absurd enough today, but it should be remembered that his fears of national disorder as a result of strong party feeling at the time of presidential elections were thoroughly realized in 1860 when Lincoln's election led to secession and civil war, and that sixteen years later, in the Hayes-Tilden contest, a second dangerous crisis was narrowly averted.
The time is coming, if it has not already arrived, when among fair-minded and intelligent Americans there will not be two opinions touching the Hayes-Tilden contest for the presidency in 1876-77 that both by the popular vote and a fair count of the electoral vote Tilden was elected and Hayes was defeated; but the whole truth underlying the determinate incidents which led to the rejection of Tilden and the seating of Hayes will never be known.
What with the Jay Cooke failure, the Hayes-Tilden deadlock, and the bursting of a hundred railroad bubbles, there was very little in the news of the day to encourage investors. It was impossible for Sanders, or Bell, or Hubbard, to prepare any definite plan. No matter what the plan might have been, they had no money to put it through.
The shadow cast by the Hayes-Tilden contest even yet, in a measure, lingers. As a Representative in Congress at the time, I was deeply impressed with the gravity of the situation. In the instances first mentioned it was the mere question of the failure of any candidate to receive a majority of the electoral votes.
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