Presidency (1877–1881)
InaugurationBecause March 4, 1877, was a Sunday, Hayes took the oath of office privately on Saturday, March 3, in the Red Room of the White House, the first president to do so in the Executive Mansion. He took the oath publicly on March 5 on the East Portico of the United States Capitol. In his inaugural address, Hayes attempted to soothe the passions of the past few months, saying that "he serves his party best who serves his country best". He pledged to support "wise, honest, and peaceful local self-government" in the South, as well as reform of the civil service and a full return to the gold standard. Despite his message of conciliation, many Democrats never considered Hayes's election legitimate and referred to him as "Rutherfraud" or "His Fraudulency" for the next four years.
The South and the end of Reconstruction
Hayes had firmly supported Republican Reconstruction policies throughout his career, but the first major act of his presidency was an end to Reconstruction and the return of the South to "home rule". Even without the conditions of the Wormley's Hotel agreement, Hayes would have been hard-pressed to continue his predecessors' policies. The House of Representatives in the 45th Congress was controlled by a majority of Democrats, and they refused to appropriate enough funds for the army to continue to garrison the South. Even among Republicans, devotion to continued military Reconstruction was fading in the face of persistent Southern insurgency and violence. Only two states were still under Reconstruction's sway when Hayes assumed the presidency and, without troops to enforce the voting rights laws, these soon fell to Democratic control.
Hayes's later attempts to protect the rights of southern blacks were ineffective, as were his attempts to rebuild Republican strength in the South. He did, however, defeat Congress's efforts to curtail federal power to monitor federal elections. Democrats in Congress passed an army appropriation bill in 1879 with a rider that repealed the Enforcement Acts, which had been used to suppress the Ku Klux Klan. Chapters had flourished across the South and it had been one of the insurgent groups that attacked and suppressed freedmen. Those Acts, passed during Reconstruction, made it a crime to prevent someone from voting because of his race. Other paramilitary groups, such as the Red Shirts in the Carolinas, however, had intimidated freedmen and suppressed the vote. Hayes was determined to preserve the law protecting black voters, and vetoed the appropriation.
The Democrats did not have enough votes to override the veto, but they passed a new bill with the same rider. Hayes vetoed that bill too, and the process was repeated three times more. Finally, Hayes signed an appropriation without the offensive rider, but Congress refused to pass another bill to fund federal marshals, who were vital to the enforcement of the Enforcement Acts. The election laws remained in effect, but the funds to enforce them were curtailed for the time being.
Hayes tried to reconcile the social mores of the South with the recently passed civil rights laws by distributing patronage among southern Democrats. "My task was to wipe out the color line, to abolish sectionalism, to end the war and bring peace," he wrote in his diary. "To do this, I was ready to resort to unusual measures and to risk my own standing and reputation within my party and the country." All his efforts were in vain; Hayes failed to persuade the South to accept legal racial equality or to convince Congress to appropriate funds to enforce the civil rights laws.
Civil service reform
Hayes took office determined to reform the system of civil service appointments, which had been based on the spoils system since Andrew Jackson's presidency. Instead of giving federal jobs to political supporters, Hayes wished to award them by merit according to an examination that all applicants would take. Hayes's call for reform immediately brought him into conflict with the Stalwart, or pro-spoils, branch of the Republican party. Senators of both parties were accustomed to being consulted about political appointments and turned against Hayes. Foremost among his enemies was New York Senator Roscoe Conkling, who fought Hayes's reform efforts at every turn.
To show his commitment to reform, Hayes appointed one of the best-known advocates of reform, Carl Schurz, to be Secretary of the Interior and asked Schurz and Secretary of State William M. Evarts to lead a special cabinet committee charged with drawing up new rules for federal appointments. Treasury Secretary John Sherman ordered John Jay to investigate the New York Custom House, which was stacked with Conkling's spoilsmen. Jay's report suggested that the New York Custom House was so overstaffed with political appointees that 20% of the employees were expendable.
Although he could not convince Congress to prohibit the spoils system, Hayes issued an executive order that forbade federal office holders from being required to make campaign contributions or otherwise taking part in party politics. Chester A. Arthur, the Collector of the Port of New York, and his subordinates Alonzo B. Cornell and George H. Sharpe, all Conkling supporters, refused to obey the order. In September 1877, Hayes demanded the their resignations, which they refused to give. He submitted appointments of Theodore Roosevelt, Sr., L. Bradford Prince, and Edwin Merritt—all supporters of Evarts, Conkling's New York rival—to the Senate for confirmation as their replacements. The Senate's Commerce Committee, chaired by Conkling, voted unanimously to reject the nominees. The full Senate rejected Roosevelt and Prince by a vote of 31–25, and confirmed Merritt only because Sharpe's term had expired.
Hayes was forced to wait until July 1878, when he fired Arthur and Cornell during a Congressional recess and replaced them with recess appointments of Merritt and Silas W. Burt, respectively. Conkling opposed confirmation of the appointees when the Senate reconvened in February 1879, but Merritt was approved by a vote of 31–25 and Burt by 31–19, giving Hayes his most significant civil service reform victory.
For the remainder of his term, Hayes pressed Congress to enact permanent reform legislation and fund the United States Civil Service Commission, even using his last annual message to Congress in 1880 to appeal for reform. Reform legislation did not pass during Hayes's presidency, but his advocacy provided "a significant precedent as well as the political impetus for the Pendleton Act of 1883," which was signed into law by President Chester Arthur. Hayes allowed some exceptions to the ban on assessments, permitting George Congdon Gorham, secretary of the Republican Congressional Committee, to solicit campaign contributions from federal officeholders during the Congressional elections of 1878. In 1880, Hayes quickly forced Secretary of Navy Richard W. Thompson to resign after Thompson accepted a $25,000 salary for a nominal job offered by French engineer Ferdinand de Lesseps to promote a French canal in Panama.
Hayes also dealt with corruption in the postal service. In 1880, Schurz and Senator John A. Logan asked Hayes to shut down the "star route" rings, a system of corrupt contract profiteering in the Postal Service, and to fire Second Assistant Postmaster-General Thomas J. Brady, the alleged ringleader. Hayes stopped granting new star route contracts but let existing contracts continue to be enforced. Democrats accused him of delaying proper investigation so as not to damage Republicans' chances in the 1880 elections but did not press the issue in their campaign literature, as members of both parties were implicated in the corruption. Historian Hans L. Trefousse later wrote that Hayes "hardly knew the chief suspect [Brady] and certainly had no connection with the [star route] corruption." Although Hayes and the Congress both investigated the contracts and found no compelling evidence of wrongdoing, Brady and others were indicted for conspiracy in 1882. After two trials, the defendants were acquitted in 1883.
Great Railroad Strike
In his first year in office, Hayes was faced with the United States' largest labor uprising to date, the Great Railroad Strike of 1877. To make up for financial losses suffered since the panic of 1873, the major railroads had cut their employees' wages several times in 1877. In July of that year, workers at the Baltimore & Ohio Railroad walked off the job in Martinsburg, West Virginia, to protest their reduction in pay. The strike quickly spread to workers of the New York Central, Erie, and Pennsylvania railroads, with the strikers soon numbering in the thousands. Fearing a riot, Governor Henry M. Mathews asked Hayes to send federal troops to Martinsburg, and Hayes did so, but when the troops arrived there was no riot, only a peaceful protest. In Baltimore, however, a riot did erupt on July 20, and Hayes ordered the troops at Fort McHenry to assist the governor in suppressing it.
Pittsburgh exploded into riots next, but Hayes was reluctant to send in troops without the governor's request. Other discontented citizens joined the railroad workers in rioting. After a few days, Hayes resolved to send in troops to protect federal property wherever it appeared to be threatened and gave Major General Winfield Scott Hancock overall command of the situation, marking the first use of federal troops to break a strike against a private company. The riots spread further, to Chicago and St. Louis, where strikers shut down railroad facilities.
By July 29, the riots had ended and federal troops returned to their barracks. No federal troops had killed any of the strikers, or been killed themselves, but clashes between state militia troops and strikers resulted in deaths on both sides. The railroads were victorious in the short term, as the workers returned to their jobs and some wage cuts remained in effect. But the public blamed the railroads for the strikes and violence, and they were compelled to improve working conditions and make no further cuts. Business leaders praised Hayes, but his own opinion was more equivocal; as he recorded in his diary:
"The strikes have been put down by force; but now for the real remedy. Can't something [be] done by education of strikers, by judicious control of capitalists, by wise general policy to end or diminish the evil? The railroad strikers, as a rule, are good men, sober, intelligent, and industrious."
Currency debate
Hayes confronted two issues regarding the currency, the first of which was the coinage of silver, and its relation to gold. In 1873, the Coinage Act of 1873 stopped the coinage of silver for all coins worth a dollar or more, effectively tying the dollar to the value of gold. As a result, the money supply contracted and the effects of the Panic of 1873 grew worse, making it more expensive for debtors to pay debts they had contracted when currency was less valuable. Farmers and laborers, especially, clamored for the return of coinage in both metals, believing the increased money supply would restore wages and property values. Democratic Representative Richard P. Bland of Missouri proposed a bill to require the United States to coin as much silver as miners could sell the government, thus increasing the money supply and aiding debtors. William B. Allison, a Republican from Iowa, offered an amendment in the Senate limiting the coinage to two to four million dollars per month, and the resulting Bland–Allison Act passed both houses of Congress in 1878. Hayes feared the Act would cause inflation that would be ruinous to business, effectively impairing contracts that were based on the gold dollar, as the silver dollar proposed in the bill would have an intrinsic value of 90 to 92 percent of the existing gold dollar. He also believed that inflating the currency was dishonest, saying, "[e]xpediency and justice both demand an honest currency." He vetoed the bill, but Congress overrode his veto, the only time it did so during his presidency.
The second issue concerned United States Notes (commonly called greenbacks), a form of fiat currency first issued during the Civil War. The government accepted these notes as valid for payment of taxes and tariffs, but unlike ordinary dollars, they were not redeemable in gold. The Specie Payment Resumption Act of 1875 required the treasury to redeem any outstanding greenbacks in gold, thus retiring them from circulation and restoring a single, gold-backed currency. Sherman agreed with Hayes's favorable opinion of the Act, and stockpiled gold in preparation for the exchange of greenbacks for gold. But once the public was confident that they could redeem greenbacks for specie (gold), few did so; when the Act took effect in 1879, only $130,000 of the outstanding $346,000,000 in greenbacks were actually redeemed. Together with the Bland–Allison Act, the successful specie resumption effected a workable compromise between inflationists and hard money men and, as the world economy began to improve, agitation for more greenbacks and silver coinage quieted down for the rest of Hayes's presidency.
Foreign policy
Most of Hayes's foreign-policy concerns involved Latin America. In 1878, following the Paraguayan War, he arbitrated a territorial dispute between Argentina and Paraguay. Hayes awarded the disputed land in the Gran Chaco region to Paraguay, and the Paraguayans honored him by renaming a city (Villa Hayes) and a department (Presidente Hayes) in his honor. Hayes became concerned over the plans of Ferdinand de Lesseps, the builder of the Suez Canal, to construct a canal across the Isthmus of Panama, then part of Colombia. Worried about a repetition of French adventurism in Mexico, Hayes interpreted the Monroe Doctrine firmly. In a message to Congress, Hayes explained his opinion on the canal: "The policy of this country is a canal under American control ... The United States cannot consent to the surrender of this control to any European power or any combination of European powers."
The Mexican border also drew Hayes's attention. Throughout the 1870s, "lawless bands" often crossed the border on raids into Texas. Three months after taking office, Hayes granted the Army the power to pursue bandits, even if it required crossing into Mexican territory. Mexican president Porfirio Díaz protested the order and sent troops to the border. The situation calmed as Díaz and Hayes agreed to jointly pursue bandits and Hayes agreed not to allow Mexican revolutionaries to raise armies in the United States. The violence along the border decreased, and in 1880 Hayes revoked the order allowing pursuit into Mexico.
Outside the Western hemisphere, Hayes's biggest foreign-policy concern dealt with China. In 1868 the Senate had ratified the Burlingame Treaty with China, allowing an unrestricted flow of Chinese immigrants into the United States. As the economy soured after the Panic of 1873, Chinese immigrants were blamed in the American West for depressing workmen's wages. During the Great Railroad Strike of 1877, anti-Chinese riots broke out in San Francisco, and a third party, the Workingman's Party, formed with an emphasis on stopping Chinese immigration. In response, Congress passed a Chinese Exclusion Act in 1879, abrogating the 1868 treaty. Hayes vetoed the bill, believing that the United States should not abrogate treaties without negotiation. The veto drew praise from eastern liberals, but Hayes was bitterly denounced in the West. In the subsequent furor, Democrats in the House of Representatives attempted to impeach him, but narrowly failed when Republicans prevented a quorum by refusing to vote. After the veto, Assistant Secretary of State Frederick W. Seward suggested that the countries work together to reduce immigration, and he and James Burrill Angell negotiated with the Chinese to do so. Congress passed a new law to that effect, the Chinese Exclusion Act of 1882, after Hayes had left office.
Indian policy
Interior Secretary Carl Schurz carried out Hayes's American Indian policy, beginning with preventing the War Department from taking over the Bureau of Indian Affairs. Hayes and Schurz carried out a policy that included assimilation into white culture, educational training, and dividing Indian land into individual household allotments. Hayes believed his policies would lead to self-sufficiency and peace between Indians and whites. The allotment system under the Dawes Act, later signed by President Cleveland in 1887, was favored by liberal reformers at the time, including Schurz, but instead proved detrimental to American Indians. They lost much of their land through sales of what the government classified as "surplus lands", and more to unscrupulous white speculators who tried to get the Indians to sell their allotments. Hayes and Schurz reformed the Bureau of Indian Affairs to reduce fraud and gave Indians responsibility for policing their reservations, but they were generally understaffed.
Hayes dealt with several conflicts with Indian tribes. The Nez Perce, led by Chief Joseph, began an uprising in June 1877 when Major General Oliver O. Howard ordered them to move to a reservation. Howard's men defeated the Nez Perce in battle, and the tribe began a 1,700-mile retreat to Canada. In October, after a decisive battle at Bear Paw, Montana, Chief Joseph surrendered and William T. Sherman ordered the tribe transported to Indian Territory in Kansas, where they were forced to remain until 1885. The Nez Perce war was not the last conflict in the West, as the Bannock rose up in spring 1878 in Idaho and raided nearby settlements before being defeated by Howard's army in July. War with the Ute tribe broke out in Colorado in 1879 when some Ute killed Indian agent Nathan Meeker, who had been attempting to convert them to Christianity. The subsequent White River War ended when Schurz negotiated peace with the Ute and prevented white settlers from taking revenge for Meeker's death.
Hayes also became involved in resolving the removal of the Ponca tribe from Nebraska to Indian Territory (present-day Oklahoma) because of a misunderstanding during the Grant administration. The tribe's problems came to Hayes's attention after its chief, Standing Bear, filed a lawsuit to contest Schurz's demand that they stay in Indian Territory. Overruling Schurz, Hayes set up a commission in 1880 that ruled the Ponca were free to return to their home territory in Nebraska or stay on their reservation in Indian Territory. The Ponca were awarded compensation for their land rights, which had been previously granted to the Sioux. In a message to Congress in February 1881, Hayes insisted he would "give to these injured people that measure of redress which is required alike by justice and by humanity."
Great Western Tour of 1880
In 1880, Hayes embarked on a 71-day tour of the American West, becoming the second sitting president to travel west of the Rocky Mountains. (Hayes's immediate predecessor, Ulysses Grant, visited Utah in 1875.) Hayes's traveling party included his wife and William T. Sherman, who helped organize the trip. Hayes began his trip in September 1880, departing from Chicago on the transcontinental railroad. He journeyed across the continent, ultimately arriving in California, stopping first in Wyoming and then Utah and Nevada, reaching Sacramento and San Francisco. By railroad and stagecoach, the party traveled north to Oregon, arriving in Portland, and from there to Vancouver, Washington. Going by steamship, they visited Seattle, and then returned to San Francisco. Hayes then toured several southwestern states before returning to Ohio in November, in time to cast a vote in the 1880 presidential election.
Hayes's White House
Hayes and his wife Lucy were known for their policy of keeping an alcohol-free White House, giving rise to her nickname "Lemonade Lucy." The first reception at the Hayes White House included wine, but Hayes was dismayed at drunken behavior at receptions hosted by ambassadors around Washington, leading him to follow his wife's temperance leanings. Alcohol was not served again in the Hayes White House. Critics charged Hayes with parsimony, but Hayes spent more money (which came out of his personal budget) after the ban, ordering that any savings from eliminating alcohol be used on more lavish entertainment. His temperance policy also paid political dividends, strengthening his support among Protestant ministers. Although Secretary Evarts quipped that at the White House dinners, "water flowed like wine," the policy was a success in convincing prohibitionists to vote Republican.
Administration and Cabinet
The Hayes Cabinet
Judicial appointments
Hayes appointed two Associate Justices to the Supreme Court. The first vacancy occurred when David Davis resigned to enter the Senate during the election controversy of 1876. On taking office, Hayes appointed John Marshall Harlan to the seat. A former candidate for governor of Kentucky, Harlan had been Benjamin Bristow's campaign manager at the 1876 Republican convention, and Hayes had earlier considered him for attorney general. Hayes submitted the nomination in October 1877, but it aroused some dissent in the Senate because of Harlan's limited experience in public office. Harlan was nonetheless confirmed and served on the court for 34 years, voting (usually in the minority) for aggressive enforcement of the civil rights laws. In 1880, a second seat became vacant upon the resignation of Justice William Strong. Hayes nominated William Burnham Woods, a carpetbagger Republican circuit court judge from Alabama. Woods served six years on the Court, ultimately proving a disappointment to Hayes as he interpreted the Constitution in a manner more similar to that of Southern Democrats than to Hayes's own preferences.
Hayes unsuccessfully attempted to fill a third vacancy in 1881. Justice Noah Haynes Swayne resigned with the expectation that Hayes would fill his seat by appointing Stanley Matthews, a friend of both men. Many senators objected to the appointment, believing that Matthews was too close to corporate and railroad interests, especially those of Jay Gould, and the Senate adjourned without voting on the nomination. The following year, when James A. Garfield entered the White House, he resubmitted Matthews's nomination to the Senate, which this time confirmed Matthews by one vote, 24 to 23. Matthews served for eight years until his death in 1889. His opinion in Yick Wo v. Hopkins in 1886 advanced his and Hayes's views on the protection of ethnic minorities' rights.
Later life and death
Hayes declined to seek re-election in 1880, keeping his pledge that he would not run for a second term. He was gratified with the election of fellow Ohio Republican James A. Garfield to succeed him, and consulted with him on appointments for the next administration. After Garfield's inauguration, Hayes and his family returned to Spiegel Grove. In 1881, he was elected a companion of the Military Order of the Loyal Legion of the United States. He served as commander-in-chief (national president) of the Loyal Legion from 1888 until his death in 1893. Although he remained a loyal Republican, Hayes was not too disappointed in Grover Cleveland's election to the presidency in 1884, approving of the New York Democrat's views on civil service reform. He was also pleased at the progress of the political career of William McKinley, his army comrade and political protégé.
Hayes became an advocate for educational charities, advocating federal education subsidies for all children. He believed that education was the best way to heal the rifts in American society and allow individuals to improve themselves. Hayes was appointed to the Board of Trustees of The Ohio State University, the school he helped found during his time as governor of Ohio, in 1887. He emphasized the need for vocational, as well as academic, education: "I preach the gospel of work," he wrote, "I believe in skilled labor as a part of education." He urged Congress, unsuccessfully, to pass a bill written by Senator Henry W. Blair that would have allowed federal aid for education for the first time. Hayes gave a speech in 1889 encouraging black students to apply for scholarships from the Slater Fund, one of the charities with which he was affiliated. One such student, W. E. B. Du Bois, received a scholarship in 1892. Hayes also advocated better prison conditions.
In retirement, Hayes was troubled by the disparity between the rich and the poor, saying in an 1886 speech that "free government cannot long endure if property is largely in a few hands and large masses of people are unable to earn homes, education, and a support in old age." The following year, Hayes recorded his thoughts on that subject in his diary:
In church it occurred to me that it is time for the public to hear that the giant evil and danger in this country, the danger which transcends all others, is the vast wealth owned or controlled by a few persons. Money is power. In Congress, in state legislatures, in city councils, in the courts, in the political conventions, in the press, in the pulpit, in the circles of the educated and the talented, its influence is growing greater and greater. Excessive wealth in the hands of the few means extreme poverty, ignorance, vice, and wretchedness as the lot of the many. It is not yet time to debate about the remedy. The previous question is as to the danger—the evil. Let the people be fully informed and convinced as to the evil. Let them earnestly seek the remedy and it will be found. Fully to know the evil is the first step towards reaching its eradication. Henry George is strong when he portrays the rottenness of the present system. We are, to say the least, not yet ready for his remedy. We may reach and remove the difficulty by changes in the laws regulating corporations, descents of property, wills, trusts, taxation, and a host of other important interests, not omitting lands and other property.
Hayes was greatly saddened by his wife's death in 1889. When she died, he wrote, "the soul had left [Spiegel Grove]". After Lucy's death, Hayes's daughter Fanny became his traveling companion, and he enjoyed visits from his grandchildren. In 1890, he chaired the Lake Mohonk Conference on the Negro Question, a gathering of reformers that met in upstate New York to discuss racial issues. Hayes died of complications of a heart attack at his home on January 17, 1893, at the age of 70. His last words were "I know that I'm going where Lucy is." President-elect Cleveland and Ohio Governor William McKinley led the funeral procession that followed Hayes's body until Hayes was interred in Oakwood Cemetery.
Legacy and honors
Following the donation of his home to the state of Ohio for the Spiegel Grove State Park, he was reinterred there in 1915. The next year the Hayes Commemorative Library and Museum, the country's first presidential library, opened on the site, funded by contributions from the state of Ohio and Hayes's family.
An 1878 dispute between Argentina and Paraguay that Hayes had arbitrated and decided in favor of Paraguay, giving Paraguay 60% of its current territory, later led to the naming of a province in the region after him: Presidente Hayes Department (capital: Villa Hayes); an official holiday: Laudo Hayes Firm Day, the anniversary of the decision, celebrated in Presidente Hayes province; a local soccer team: Club Presidente Hayes (also known as "Los Yanquis"), based in the national capital, Asuncion; a postage stamp, the design of which was chosen in a contest run by the U.S. Embassy; and even a young girl's wish: a girl who came out of a coma got her fondest wish—a trip to the Hayes Presidential Center in Fremont, Ohio.
Also named for Hayes is Hayes County, Nebraska.
Hayes was elected a member of the American Antiquarian Society in 1890.
Rutherford B. Hayes High School in Hayes's hometown of Delaware, Ohio, was named in his honor.
Hayes Hall, built in 1893, at the Ohio State University is also named in his honor. It is the campus's oldest remaining building, and was placed on the National Register of Historic Places on July 16, 1970, due to its front facade, which remains virtually untouched from its original appearance. Hayes knew the building would be named in his honor, but he did not live to see it completed.
Notes
Herron's daughter, Helen, later married William Howard Taft.
His first two sons, Joseph and George, had died in infancy.
He was named after Hayes's friend, Manning Force.
The elector, John W. Watts, was disqualified because he held "an Office of Trust or Profit under the United States", in violation of Article II, section 1, clause 2 of the U.S. Constitution.
At the time of the 1876 election only three states, Florida, South Carolina, and Louisiana, still had Republican governments. In Florida the Democrats won the governor's election and controlled the state house, leaving South Carolina and Louisiana as the only states in which the Republican regimes was supported by Federal troops.
Hayes's predecessor, President Ulysses S. Grant, appointed the first Civil Service Commission in 1871, but it dissolved in 1874.
Charles K. Graham filled Merritt's former position
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