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Following the Seven Years' War, the British government faced huge problems with imperial organization but had ample funds to deal with those problems.

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Hayes could still win if he gained those twenty electoral votes. As the Constitution did not provide a method to determine the validity of disputed votes, the decision fell to Congress, where Republicans controlled the Senate and Democrats controlled the House of Representatives. In late January 1877, Congress tried to break the deadlock by creating a special electoral commission composed of five senators, five representatives, and five justices of the Supreme Court. The congressional delegation represented both parties equally, with five Democrats and five Republicans. The court delegation had two Democrats, two Republicans, and one independent—David Davis, who resigned from the Supreme Court (and from thecommission) when the Illinois legislature elected him to the Senate.

The Republican majority in Congress by now despised the president, and they wanted to prevent him from interfering in congressional Reconstruction. To that end, Radical Republicans passed two laws of dubious constitutionality. The Command of the Army Act prohibited the president from issuing militaryorders except through the commanding general of the army, who could not be relieved or reassigned without the consent of the Senate. The Tenure of Office Act, which Congress passed in 1867, required the president to gain the approval of the Senate whenever he appointed or removed officials. Congress had passed this act to ensure that Republicans who favored Radical Reconstruction would not be barred orstripped of their jobs.

The degraded status of black men and women had placed them outside the limits of what antebellum southern whites considered appropriate gender roles and familial hierarchies. Slave marriages did not enjoy legal recognition. Enslaved men were humiliated and deprived of authority and of the ability to protect enslaved women, who were frequently exposed to the brutality and sexual domination of white masters and vigilantes alike. Slave parents could not protect their children, who could be bought, sold, put to work, brutally disciplined, and abused without their consent; parents, too, could be sold away from theirchildren

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