Following the election of 1876, the electoral commission

The Electoral Commission created to resolve the disputed 1876 election had 15 members: five senators, five representatives, and five Supreme Court justices. Its original balance was seven Republicans, seven Democrats, and one independent justice, David Davis. When Davis was replaced by Republican Joseph Bradley, the commission had one more Republican than Democrat, making C correct. It ultimately awarded the disputed electoral votes—and the presidency—to Rutherford B. Hayes, not Samuel J. Tilden.

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