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In order to avoid a potential stalemate, Congress passed a bill calling for an Electoral Commission of 15 members: five members of the House (three by the Democrats and two by the Republicans), five members of the Senate (three by the Republicans and two by the Democrats) and five Supreme Court Justices (two Democrats and two Republicans, who would choose the fifth member).
 
In order to avoid a potential stalemate, Congress passed a bill calling for an Electoral Commission of 15 members: five members of the House (three by the Democrats and two by the Republicans), five members of the Senate (three by the Republicans and two by the Democrats) and five Supreme Court Justices (two Democrats and two Republicans, who would choose the fifth member).
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The Justices chose David Davis, a political independent considered to be objective.  In an attempt to buy his vote, the Democrat-controlled Illinois Legislature elected Davis to serve as one of its two United States Senators<ref>Prior to the 17th Amendment, Senators were chosen by state legislatures.</ref>.  However, they badly miscalculated: Davis promptly resigned his seat on the Court.  The Justices then selected Joseph P. Bradley, who was considered to be the most "impartial" remaining member; however, Bradley sided with the Republicans on every decisive vote, giving Hayes the Presidency.
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The Justices chose David Davis, a political independent considered to be objective.  In an attempt to buy his vote, the Democrat-controlled Illinois Legislature elected Davis to serve as one of its two United States Senators<ref>Prior to the 17th Amendment, Senators were chosen by state legislatures.</ref>.  However, they badly miscalculated: Davis promptly resigned his seat on the Court and was no longer on the Commission.  The Justices then selected Joseph P. Bradley, who was considered to be the most "impartial" remaining member; however, Bradley sided with the Republicans on every decisive vote, giving Hayes the Presidency.
    
In an attempt to avert a potential second Civil War, Hayes promised to remove the military occupation in the South, in exchange for the support of Representatives in accepting the contested electoral votes in his favor.  The Southern Democrats agreed; upon the end of Reconstruction they implemented the racist Jim Crow policies which would mark Southern politics for nearly a century.
 
In an attempt to avert a potential second Civil War, Hayes promised to remove the military occupation in the South, in exchange for the support of Representatives in accepting the contested electoral votes in his favor.  The Southern Democrats agreed; upon the end of Reconstruction they implemented the racist Jim Crow policies which would mark Southern politics for nearly a century.
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