The Right to Vote and the Rise of Democracy

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This booklet depicts the information about The right to vote and the rise of democracy also describes the history that associates the presidency of Andrew Jackson with the achievement of universal suffrage and the coming of democracy, at least for adult white males.
1. The Right to Vote and the Rise of
Democracy, 1787–1828
D O N A L D R AT C L I F F E
A long tradition in American political history associates the
presidency of Andrew Jackson with the achievement of universal suffrage
and the coming of democracy, at least for adult white males. There is
some justification for this view, but only in limited senses; for the most
part this interpretation has had a deleterious effect on our understanding
of political development in the early republic. In particular it has created
the belief that relatively few people possessed the right to vote in the
early republic, and that therefore mass participation was postponed to
the years after 1815. As recently as September 2008 the distinguished
historian Jill Lepore could write in the New Yorker that during Washing-
ton’s presidency only 6 percent of Americans could vote—which admit-
tedly translates into about 15 percent of the free adult population. Sean
Wilentz’s prize-winning Rise of American Democracy (2005) recognizes
that the suffrage was much more widely spread before 1815, but he
still builds his interpretation around the assumption that politics did not
involve the public at large until the Age of Jackson. Even Alexander
Keyssar’s illuminating The Right to Vote (2000) and Daniel Walker
Howe’s excellent What Hath God Wrought (2007) assume that the
Donald Ratcliffe is Supernumerary Teaching and Research Fellow at the
Rothermere American Institute in the University of Oxford. He wishes to
acknowledge the support of staff of the Institute and the Vere Harmsworth
Library, as well as the constructive advice and criticism he has received from John
Brooke, Philip Lampi, Daniel Peart, Andrew Robertson, and David Waldstreicher.
The author dedicates this essay to the late J. R. Pole, the distinguished British
(and Oxford) historian who told us all this over fifty years ago, and yet his teaching
has been curiously ignored by most American historians.
Journal of the Early Republic, 33 (Summer 2013)
Copyright 䉷 2013 Society for Historians of the Early American Republic. All rights reserved.
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2. 220 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
practice of politics became more democratic in the 1820s because of
recent fundamental changes in electoral rules. Such views are explicitly
contradicted by the voting data that Philip Lampi has gathered that are
now available on the A New Nation Votes website, which confirm the
huge expansion of popular participation within two decades or so of the
adoption of the United States Constitution.1
This expansion was possible because the right to vote had always
been extraordinarily widespread—at least among adult white males—
even before the country gained its independence. During the colonial
period, the right to vote for the lower house of colonial legislatures had
been defined in traditional British terms: Only people who had freehold
landed property sufficient to ensure that they were personally indepen-
dent and had a vested interest in the welfare of their communities could
vote. That qualification normally applied to men who were heads of
households, since women were almost by definition dependent, but the
right could extend to widows who had become responsible for the family
property. Some colonies excluded propertied people whose civic com-
mitment they suspected—recent arrivals, members of minority religious
sects, and racial groups deemed unacceptable. But those most generally
excluded were laborers, tenant farmers, unskilled workers, and inden-
tured servants, all of whom were considered to lack a ‘‘stake in society,’’
a permanent interest in the community, and the wherewithal to withstand
1. Jill Lepore, ‘‘Rock, Paper, Scissors: How We Used to Vote,’’ The New
Yorker, Oct. 13, 2008, 2, consulted at http://www.newyorker.com/reporting/2008/
10/13/081013fa_fact_lepore?currentPage⳱2; Sean Wilentz, The Rise of American
Democracy: Jefferson to Lincoln (New York, 2005); Alexander Keyssar, The Right
to Vote: The Contested History of Democracy in the United States (New York, 2000);
Daniel Walker Howe, What Hath God Wrought: The Transformation of America,
1815–1848 (New York, 2007). See also Charles Sellers, The Market Revolution:
Jacksonian America, 1815–1846 (New York, 1991). The A New Nation Votes:
American Election Returns 1787–1825 website may be found at http://elections
2. The best overall study of the evolution of the suffrage before the Civil War
remains Chilton Williamson, American Suffrage from Property to Democracy,
1760–1860 (Princeton, NJ, 1960). For colonial attitudes, see ibid, 1–61; Jack P.
Greene, All Men Are Created Equal: Some Reflections on the Character of the Amer-
ican Revolution (Oxford, UK, 1976), reprinted in his Imperatives, Behaviors, and
Identities: Essays in Early American Cultural History (Charlottesville, VA, 1992),
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3. Ratcliffe, THE RIGHT TO VOTE • 221
In Britain property qualifications increasingly restricted the number
qualified to vote. Whereas over 20 percent of adult males had enjoyed
the franchise around 1700, population growth and the increasing con-
centration of wealth reduced the proportion to 17.2 percent by 1754,
continuing down to 12.7 percent in England and Wales by the 1820s.3
By contrast, the abundance and availability of land in North America
meant that large numbers of colonists satisfied similarly defined require-
ments. This was especially true where the requirement was expressed in
terms of acreage rather than value, as was customarily the case in the
southern colonies: It was much easier to acquire (and to measure) 50
acres than land worth £50 either at sale or in annual rents. Six colonies
also allowed alternative qualifications to freehold ownership in the form
of personal property or payment of taxes, opening the suffrage to owners
of urban property, and even to those prosperous farmers who rented
their land or held it on some form of leasehold.4
Consequently, as early as the 1720s the suffrage was uniquely wide in
the colonies. Virginia reputedly had the most restrictive franchise, with
fewer than half the free white males qualified to vote, but a recent calcula-
tion raises the figure to two-thirds at midcentury, declining slightly there-
after. In some New England colonies and in the great northeastern
seaports about three-quarters of adult males met the requirement. Al-
ready before the Revolution an unprecedentedly large proportion of the
adult free male population could vote, though historians have been
uncertain in their calculation of just how many. Chilton Williamson and
Robert Dinkin estimated that in the late colonial era the proportion of
freehold owners ranged between 50 and 75 (or even 80) percent in the
various communities and states, while Alexander Keyssar suggests that
overall nearly 60 percent of adult white males were eligible to vote.5
esp. 246–59; Robert J. Steinfeld, ‘‘Property and Suffrage in the Early American
Republic,’’ Stanford Law Review 41 (Jan. 1989), 335–76, esp. 339–48.
3. The Great Reform Act of 1832 would increase the potential electorate to
only 18.4 percent in England and Wales. Frank O’Gorman, The Long Eighteenth
Century: British Political and Social History, 1688–1832 (London, 1997), 49,
140, 369.
4. Robert J. Dinkin, Voting in Provincial America: A Study of Elections in the
Thirteen Colonies, 1689–1776 (Westport, CT, 1977), 39.
5. Williamson, American Suffrage, 20–39, esp. 38; Dinkin, Voting in Provin-
cial America, 49; Keyssar, The Right to Vote, 7. See also Richard R. Beeman,
The Varieties of Political Experience in Eighteenth-Century America (Philadelphia,
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JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
The Revolution established the pattern of voting rights that determined
American politics in the generation after 1787. The years from 1774 to
1787 did not see a drastic qualitative change, but they did see the pro-
portion of eligible voters expand, probably by significantly more than 10
On the one hand, the controversy with Britain after 1763 over political
rights stimulated democratic sentiment in both the colonies and the
metropolis, and radicals began to argue that the right to vote was inher-
ent within individual manhood. In the revolutionary crisis of 1775 and
1776, the need to ensure popular support encouraged several states to
allow men—especially militia men—who did not meet the formal require-
ments to vote at critical moments, while the Declaration of Independence
resoundingly based the legitimacy of the new nation on the consent of
the governed. Radicals began to insist that every adult male deserved the
right to vote, and that individual citizens needed the vote to protect them
against the possible tyranny of lawmakers.7
On the other hand, many leading patriots remained committed to the
idea that voting was a privilege open to those who were tied to the
community’s long-term welfare and had a sufficient tangible measure of
that commitment. As a result, the new state constitutions generally estab-
lished a more conservative electoral system than the democrats wanted.
2004), 75, 105–106, 250, 293–94, 310. The calculation that 85 percent of free
white males could vote, made by Robert E. Brown and B. Katherine Brown,
Virginia, 1707–1786: Democracy or Aristocracy (East Lansing, MI, 1964), has
generally been regarded as too high. Historians have tended to follow Charles S.
Sydnor, Gentlemen Freeholders: Political Practices in Washington’s Virginia
(Chapel Hill, NC, 1952), 34–43, in preferring a figure below 50 percent. The
more recent midway calculation was made by John Kolp, Gentlemen and Freehold-
ers: Electoral Politics in Colonial Virginia (Baltimore, 1998), 38–49.
6. Robert J. Dinkin, Voting in Revolutionary America: A Study of Elections in
the Original Thirteen States, 1776–1789 (Westport, CT, 1982), 39.
7. Marc W. Kruman, Between Authority and Liberty: State Constitution Making
in Revolutionary America (Chapel Hill, NC, 1997), 87–108; Elisha P. Douglass,
Rebels and Democrats: The Struggle for Equal Political Rights and Majority Rule
during the American Revolution (Chapel Hill, NC, 1955); Edmund S. Morgan,
Inventing the People: The Rise of Popular Sovereignty in England and America
(New York, 1988); Wilentz, Rise of American Democracy, 13–39.
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5. Ratcliffe, THE RIGHT TO VOTE • 223
In 1776 the most radical state, Pennsylvania, enfranchised all taxpaying
adult males and so broadened the electorate markedly, especially in older
eastern areas where no more than 50 to 60 percent of adult males had
previously qualified. In 1787 it was estimated that, in the state as a
whole, upwards of 87.5 percent of adult white males could now vote.8
But, significantly, even the Pennsylvania radicals of 1776 still associ-
ated representation with taxation: Only ‘‘free men having a sufficient
evident common interest with and attachment to the community’’ de-
served the privilege of voting in a republican polity. There was no desire
to enfranchise the poor, who were commonly identified as profligate or
idle. As J. R. Pole suggested, what was significant was not that lots of
men could vote but that it was still thought necessary to exclude some,
however few, from the polls.9
The determination to maintain meaningful tests arose from the aware-
8. Dinkin, Voting in Revolutionary America, 36. See also Willi Paul Adams,
The First American Constitutions: Republican Ideology and the Making of the State
Constitutions in the Revolutionary Era (Chapel Hill, NC, 1980).
9. Quotation from the 1776 constitution, in Greene, Imperatives, 260; J. R.
Pole, ‘‘Historians and the Problem of Early American Democracy,’’ American His-
torical Review 67 (Apr. 1962), 626–46, and reprinted in his Paths to the American
Past (New York, 1979), 223–49. Pole’s important pioneering contributions to the
subject came in a series of still valuable articles, listed here by state: ‘‘Suffrage and
Representation in Massachusetts: A Statistical Note,’’ William and Mary Quar-
terly 14 (Oct. 1957), 560–92, as corrected by Richard P. McCormick, ‘‘Letters to
the Editors,’’ William and Mary Quarterly 15 (July 1958), 412–416; Pole, ‘‘The
Suffrage in New Jersey, 1790–1807,’’ Proceedings of the New Jersey Historical
Society 71 (1953), 39–61; Pole, ‘‘Suffrage Reform and the American Revolution
in New Jersey,’’ Proceedings of the New Jersey Historical Society 74 (1956),
173–94; Pole, ‘‘Jeffersonian Democracy and the Federalist Dilemma in New Jer-
sey,’’ Proceedings of the New Jersey Historical Society 74 (1956), 260–92; Pole,
‘‘Election Statistics in Pennsylvania, 1790–1840,’’ Pennsylvania Magazine of His-
tory and Biography 82 (Apr. 1958), 217–219; Pole, ‘‘Suffrage and Representation
in Maryland from 1776 to 1810: A Statistical Note and Some Reflections,’’ Jour-
nal of Southern History 24 (May 1958), 218–25; Pole, ‘‘Constitutional Reform
and Election Statistics in Maryland, 1790–1812,’’ Maryland Historical Magazine
55 (Dec. 1960), 278–92; Pole, ‘‘Representation and Authority in Virginia from
the Revolution to Reform,’’ Journal of Southern History 24 (Feb. 1958), 16–50,
reprinted in his Paths to the American Past, 3–40; Pole, ‘‘Election Statistics in
North Carolina, To 1861,’’ Journal of Southern History 24 (May 1958), 225–28;
all resulting in his magisterial Political Representation in England and the Origins
of the American Republic (New York, 1966).
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6. 224 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
ness that broader social and economic trends were actually reducing the
proportion of men who owned property. In newly settled areas where
land was cheap, 70 or 80 percent of adult white males held enough
property to be enfranchised. But in some older areas, notably New
England, the limited availability of land and the practice of subdividing
family plots among children reduced the number who possessed the
minimum estate. Kenneth Lockridge found a 30 percent decline in east-
ern Massachusetts between midcentury and 1790, and the situation may
have been worse in the middle states. In cities the crowds of poor men
swelled, as economic tendencies made rich and poor ever more distinct.
Such developments raised fears that in the near future a large property-
less proletariat might appear in the United States, and statesmen were
apprehensive of the effects a class that lacked true moral independence
might have on the politics of the growing republic.10
Virginia and New York are the prime instances of states that margin-
ally eased their property requirements but essentially maintained a
restrictive regime intact. Virginia in 1776 held to its basic freehold quali-
fication of 25 acres of improved land, but then in 1785 lowered the
alternative requirement for freehold owners of unimproved land from
100 to 50 acres. Calculations as to how many men possessed this level
of property have ranged widely, but since long-term leaseholders and
some residents of the few towns could also vote, most authorities have
accepted that between half and two-thirds of adult white males could
vote in the 1780s. Certainly most adult sons, tenants, laborers, artisans,
merchants, professional men, and their employees did not legally qualify,
but, as Pole observed of the years before the revolution, suffrage in Vir-
ginia ‘‘was often exercised in fact by persons to whom it did not belong
as a right under the law.’’ As a result, he calculated, the ‘‘effective voting
force’’ in revolutionary Virginia ‘‘could rise to over sixty per cent of the
white male population of adults’’—and sometimes even higher.11
10. Kenneth Lockridge, ‘‘Land, Population, and the Evolution of New England
Society, 1630–1790,’’ Past and Present 39 (Apr. 1968), 62–80; Allen Kulikoff,
‘‘The Progress of Inequality in Revolutionary Boston,’’ William and Mary Quar-
terly 28 (July 1971), 375–412.
11. Pole, Political Representation, 146–47. For the debate over the size of Vir-
ginia’s electorate in the mid eighteenth century, see note 5 above. For the post-
Revolutionary period, Jackson Turner Main, The Antifederalists: Critics of the
Constitution, 1781–1788 (Chapel Hill, NC, 1961), 31, found that in most coun-
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7. Ratcliffe, THE RIGHT TO VOTE • 225
New York’s revolutionary reforms were, if anything, more restrictive.
The 1777 constitution opened the qualification to vote for the house to
both those who owned a £20 freehold (previously £50) and tenants who
paid 40 shillings annual rent and state taxes, as well as to those mer-
chants, artisans, and professionals who had previously become freemen
of the cities of New York and Albany. These terms continued to exclude
many of New York’s tenant farmers and laborers (and their adult sons),
but less completely than might be imagined since long-term tenancies
were treated as freeholds, which enfranchised many tenants on the great
feudal estates of the Hudson valley. In the New York of 1790, about 58
percent of adult white males—that is, 70.7 percent of heads of house-
holds—could vote for the assembly.12
Four other states that retained their colonial restrictions intact already
allowed fairly broad access to the suffrage. Delaware retained both its
old 50-acre freehold requirement and its traditional alternative of £40
personal property, which in colonial days had enabled about 80 percent
of adult white males to vote. South Carolina is normally regarded as
preserving a conservative establishment in 1778: It did keep its existing
50-acre freehold rule, but it also lowered its previous alternative of pay-
ing 20 shillings in taxes to paying taxes equal to the tax on 50 acres. Yet
this tax concession seems to have been of little significance since the
ties about half the adult white males could meet the requirements, a view accepted
by Richard P. McCormick, The Second American Party System: Party Formation
in the Jacksonian Era (Chapel Hill, NC, 1966), 179. The suggestion of Dinkin,
Voting in Revolutionary America, 38, that 70 to 75 percent of adult white males
in Virginia were qualified in the 1780s seems to go beyond the evidence he cites.
Later writers see 60 to 65 percent as close to the mark. Kolp, Gentlemen and
Freeholders, 38–49; William G. Shade, Democratizing the Old Dominion: Virginia
and the Second Party System, 1824–1861 (Charlottesville, VA, 1996), 4.
12. New York’s figures are not beyond dispute. Linda De Pauw estimated that
92 percent of adult white males could vote in 1790, but Alfred Young’s careful
analysis argues convincingly that she and other historians (including himself ) had
misunderstood contemporary tabulations and that the figure was closer to 58 per-
cent. Linda Grant De Pauw, The Eleventh Pillar: New York State and the Federal
Constitution (Ithaca, NY, 1966), 141–46; Alfred F. Young, The Democratic
Republicans of New York: The Origins, 1763–1797 (Chapel Hill, NC, 1967), 83–
84, 585–87. See also John Brooke, ‘‘King George Has Issued Too many Pattents
for Us’’: Property and Democracy in Jeffersonian New York,’’ in this issue of JER.
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8. 226 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
acquisition of a £50 freehold continued to be relatively easy in South
Carolina, where tax records reveal that over 80 percent of adult white
males owned qualifying freeholds in the 1780s.13
Rhode Island and Connecticut retained intact their colonial charters
and ancient suffrage rules: Both states required those who could meet
the property qualifications to take the freeman’s oath before they could
vote. The Rhode Island charter restricted the oath to those who owned
real estate valued at £40 or rented for 40 shillings per annum (and their
eldest sons), a qualification that about 74 percent of adult males could
meet in 1778. However, only about four-fifths of them took the freeman’s
oath so that in 1788 only about 60 to 70 percent of adult males were
bona fide freemen. The same was true in Connecticut, where the qualifi-
cations for the oath were described as ‘‘maturity in years, quiet and
peaceable behavior, a civil conversation, and forty shillings freehold.’’ In
practice probably no more than 60 percent of adult males took the free-
man’s oath in the 1780s. Yet in both cases the oath should surely be seen
as a sort of registration process: As Joel Cohen has suggested, failure to
take the oath can be considered as voluntarily choosing not to vote rather
than being ineligible. Dinkin calculated that those eligible to take the
oath in 1789 amounted to about 75 percent in each state, though other
evidence suggests that the qualification was becoming harder to meet
and 65 percent would be nearer the mark.14
Of the other six states, five deliberately eased the qualifications
required for voting for their legislative assemblies, even while rejecting
the principle of universal manhood suffrage. Eager to attach more social
groups to the republic, they decisively broadened their view of what
could constitute a ‘‘stake in society’’ and accepted various forms of
wealth and evidences of social contribution as alternatives to property.
New Jersey in 1776 gave the vote to all possessing £50 of personal estate.
Pennsylvania included the adult sons of freeholders even when not tax-
13. Dinkin, Voting in Revolutionary America, 35–36, 37.
14. The description of the Connecticut qualifications comes from the Pennsyl-
vania Magazine (1776), quoted in Marchette Chute, The First Liberty: A History
of the Right to Vote in America, 1619–1850 (London, 1969), 286. See also Joel A.
Cohen, ‘‘Democracy in Revolutionary Rhode Island: A Statistical Analysis,’’
Rhode Island History 29 (Winter/Spring 1970), 5; Dinkin, Voting in Revolutionary
America, 39; Williamson, American Suffrage,165–66, 243–47; Charles S. Grant,
Democracy in the Connecticut Frontier Town of Kent (New York, 1961).
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9. Ratcliffe, THE RIGHT TO VOTE • 227
payers. Georgia in 1777 retained its old qualification of £10 in any sort
of property but now also accepted non-property owners who paid taxes
or pursued a ‘‘mechanic trade.’’ In a few states, relaxing the rules meant
introducing residence requirements—usually one year in the state—in
order to ensure voter commitment to the community or locality.15
Three states—North Carolina, New Hampshire, and Pennsylvania—
gave up landed property qualifications entirely for elections to the assem-
bly and adopted tax-paying as the essential sign of contribution to the
maintenance of the republic. Like Georgia, these three also introduced
light, compulsory poll taxes which transformed the taxpaying require-
ment into a broad adult white male suffrage. In North Carolina, for
example, the poll tax enfranchised all adult males, except ‘‘sons living
under the paternal roof, apprentices, slaves, and indentured servants.’’
In all four states, taxables represented about 90 percent of the adult
white male population.16
Changes in the value of money markedly affected the restrictive power
of qualifications, as seven states issued their own paper money and infla-
tion became rampant during and after the war. Maryland may have
retained its 50-acre freehold qualification in 1776, but it changed its
alternative qualification from £40 in other forms of property to £30 in
current money, which cut the amount needed in half. This opened the
suffrage to most freemen, with inflation expanding the proportion of
Maryland’s adult white males who could meet that standard from 64
percent in 1783 to over 70 percent by 1789. 17
In New Jersey after 1776 the necessary £50 was to be measured not
in sterling but in currency or proclamation money, which reduced the
level by one-third. As Richard P. McCormick remarked, ‘‘The percent-
15. Dinkin, Voting in Revolutionary America, 32–33, 42–43; James H. Kettner,
The Development of American Citizenship, 1608–1870 (Chapel Hill, NC, 1978),
102–103; Kruman, Between Authority and Liberty, 98.
16. Dinkin, Voting in Revolutionary America, 32–33, 36–37; Williamson,
American Suffrage, 135–36.
17. Williamson, American Suffrage, 108–10, 121. Conversely, Pole could
detect no indication that the improvement in the currency after 1789 disfranchised
any voters in New Jersey or Maryland. Pole, ‘‘Suffrage and Representation in
Maryland,’’ 220–21; Thornton Anderson, ‘‘Eighteenth-Century Suffrage: The
Case of Maryland,’’ Maryland Historical Magazine 76 (Summer 1981), 141–58,
esp. 149; Dinkin, Voting in Revolutionary America, 38.
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10. 228 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
age of men who could not swear to being worth fifty pounds, lawful
money, must have been extremely small, especially when the currency
depreciation of the times is taken into consideration.’’ In New Jersey this
meant that ‘‘the potential electorate included all but a small fraction of
the white males over twenty-one.’’18
Notoriously, Massachusetts in 1780 was the one state to raise the
level of its qualification for state elections—from £40 to £60 of personal
property, while the freehold alternative increased from £2 to £3 annual
value. However, it is doubtful whether this move actually disfranchised
many people, since the old requirement was in sterling while new one
was in paper currency. According to one estimate, between 60 and 70
percent of adult males in Massachusetts seaboard towns could vote, and
as many as 80 to 90 percent in most rural sections. But in any case
within a few years the property qualifications were being ignored: By
1786, according to some witnesses, everyone with settled residence or
who paid a poll tax was admitted to the polls, and the alternative require-
ment of an estate worth £3 per annum was commonly construed to mean
any man who earned £3 per annum could vote, which enfranchised com-
mon laborers! According to one Bay State politician, ‘‘So small are the
qualifications of voters that scarce a single man is excluded,’’ which
allowed the upsurge of rural voters in 1787 to overthrow the conserva-
tives whose fiscal policies had provoked Shays’s rebellion.19
This growing electorate was not restricted to voting for the lower
houses of the legislature. In colonial times governors had normally been
appointed by higher authority, by the king or a proprietor, but in Rhode
Island and Connecticut the local electorate could elect the governor even
before the Revolution. After 1776 the four New England states and New
York allowed their voters to choose the governor, but elsewhere—and
especially in the South—governors continued to be appointed, but now
by the legislature. Similarly the upper chamber had usually been
appointed by the governor in colonial days, except in Rhode Island,
Connecticut, and Massachusetts. Now the upper house too became elec-
18. Richard P. McCormick, The History of Voting in New Jersey: A Study of
the Development of Election Machinery, 1664–1911 (New Brunswick, NJ, 1953),
77, 85.
19. George Minot, in 1788, quoted in Dinkin, Voting in Revolutionary
America, 37; Pole, ‘‘Suffrage and Representation in Massachusetts,’’ 567, 569,
570, 577–78, 580.
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11. Ratcliffe, THE RIGHT TO VOTE • 229
tive, though on slightly different terms from the lower house: The dis-
tricts were larger, the terms longer, and usually the officeholder had to
meet more stringent requirements on age, residence, and wealth. In
North Carolina and New York the franchise was also more restricted.
Both states lowered the requirements to vote in a house election but
retained the earlier property qualification for the upper house: 50 acres
in the former, £100 freehold in the latter. In New York, under this provi-
sion only 28.9 percent of adult white males could vote for the state senate
in 1790, half the number that could vote for the house. In most states,
though, the senates of the 1790s were fairly reflective of popular opinion
and, in any case, power was concentrated more in the lower houses.20
The broadening of the suffrage and the attraction of the equal-rights
ideology raised awkward questions about the rights of those whose
exclusion from the suffrage had previously been taken for granted. After
the Revolution most states specifically disfranchised women, even when
property holders, though Rhode Island, Connecticut, and Delaware did
not; only New Jersey explicitly enfranchised ‘‘all inhabitants’’ who could
meet the residence and property qualifications.21
For male minorities, the new state constitutions were more favorable.
The five provinces that had traditionally disfranchised Roman Catholics
now admitted them, though New York’s constitution called for new
immigrants to take an oath renouncing all foreign ecclesiastical alle-
giances. Jews were now allowed to vote (though not hold office) in
almost every state, though Maryland continued to require the voter to be
a ‘‘Christian.’’ The three states that had previously prohibited free Afri-
can Americans from voting (Virginia, South Carolina, and Georgia)
maintained their bans, and Maryland in 1783 limited the right to vote to
those manumitted before that year. Otherwise, at the Revolution free
black adult males were enfranchised in every other state, mainly through
silence and ignoring of the issue, subject of course to property or tax
requirements. Only New York, New Jersey, Pennsylvania, and North
20. Pole, Political Representation, ‘‘Suffrage and Representation in Massachu-
setts,’’ 571, and ‘‘Constitutional Reform in Maryland,’’ 275–76; Young, Demo-
cratic Republicans of New York, 83–84, 585–87; Jackson Turner Main, The Upper
House in Revolutionary America, 1763–1788 (Madison, WI, 1967).
21. Rosemarie Zagarri, Revolutionary Backlash: Women and Politics in the
Early American Republic (Philadelphia, 2007).
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12. 230 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
Carolina explicitly enfranchised black males on the same terms as white
So how many adult males could vote for the most popular branch of
their state government by 1790? Fewer than half of adult white men, as
the latest version of the Guide to U.S. Elections issued by the Congres-
sional Quarterly asserted in 2010? Alexander Keyssar has claimed that,
‘‘according to most estimates, roughly 60 to 70 percent of adult white
males (and very few others) could vote.’’ This calculation is, however,
not justified by the sources he cites: Influenced no doubt by the evidence
that the proportion of property owners was declining, Keyssar neglects
the alternative routes to qualification that appeared even in the more
conservative states, as well as the impact of currency changes and infla-
tion. Yet even Keyssar’s 60 to 70 percent figure suggests an eligible adult
male electorate incomparably larger than many historians continue to
A more careful examination of the same sources made earlier by Rob-
ert Dinkin calculated that by the end of the 1780s the qualified electorate
in the thirteen states probably fell in the range from about 60 to 90
percent of adult white males, with most states toward the upper end.
When some of his figures for individual states have been slightly adjusted
to conform to revised figures given above, his tabulation places six states
at around 90 percent (New Hampshire, New Jersey, Pennsylvania, North
Carolina, and Georgia), and three states above 80 percent (Massachu-
setts, Delaware, and South Carolina); Rhode Island, Connecticut, and
Maryland stand between 65 and 70 percent, followed by Virginia and
New York at about 60 percent, or just below. Revised or not, Dinkin’s
survey suggests that, across the nation as a whole, about 80 percent of
adult white males were eligible to vote in the late 1780s.24
Certainly many leading figures of the time believed that the country
had become too democratic. The view that an overly powerful popular
will was corrupting politics in the states was commonly expressed among
those who by the late 1780s were working to strengthen the Union. In
22. Dinkin, Voting in Revolutionary America, 41–42; Williamson, American
Suffrage, 115.
23. Jon P. Preimesberger, ed., Congressional Quarterly’s Guide to U.S. Elec-
tions, 6th ed. (2 vols., Washington, DC, 2010), 1: 23; Keyssar, The Right to Vote,
24. Dinkin, Voting in Revolutionary America, 39.
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13. Ratcliffe, THE RIGHT TO VOTE • 231
the Northwest Ordinance of 1787 the Congress, worried about the loy-
alty of western settlers, laid down a 50-acre freehold requirement for
voting in the new territory that was more stringent than in any of the
states. In the Philadelphia constitutional convention of 1787 several dele-
gates blamed the nation’s weaknesses on the excessive democracy within
too many states. Conservatives such as Gouvernor Morris and John
Dickinson wanted the new instrument of government to introduce a free-
hold qualification across the country, but their arguments were effec-
tively countered by the need to secure ratification in the several states.
As Oliver Ellsworth of Connecticut pointed out, the people would ‘‘not
readily subscribe to the national constitution if it should subject them to
be disfranchised.’’25
In the end the United States Constitution neither limited nor broad-
ened the suffrage anywhere, since it left the issue to the individual states.
Its sole requirement was that, in elections to the federal House of Repre-
sentatives, the states must use the same franchise as they used for ‘‘the
most numerous Branch of the State Legislature’’ (article 1, section 2).
Thus the Constitution underwrote the expansion of the suffrage since
1776. Moreover, the belief that the new instrument of government must
be grounded in popular consent ensured that ratification would be the
responsibility of popularly elected ratifying conventions. The suffrage for
those elections was left to the states, which universally adopted the
broadest franchise used in state elections, except that New York and
Connecticut enfranchised all free adult males especially for the occasion.
The new Constitution might offset the power of the popularly elected
federal House of Representatives with the balancing power of a president
and senate that were both indirectly elected; but, as James Madison
pointed out, election to these two bodies depended upon the very state
legislatures that some Founders considered too dependent on the broad
popular electorate that had emerged from the Revolution.
The United States Constitution may have reflected a desire for a more
republican, less democratic way of organizing governments, but those
states that rewrote their constitutions between 1789 and 1791 never
reduced the right to vote for adult white males. In 1789 Georgia con-
firmed that all free white males who paid tax during the previous year
25. Williamson, American Suffrage, 117–18, 124–31; Ellsworth, quoted in
Dinkin, Voting in Revolutionary America, 40.
................. 18391$ $CH3 03-18-13 07:44:23 PS PAGE 231
14. 232 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
could vote. In 1790 South Carolina broadened the suffrage slightly by
admitting all free white males who owned a 50-acre freehold, or who
owned a town lot, or who had been resident for six months and paid a
tax of at least 3 shillings sterling. In 1790 Pennsylvania rejected the
radicalism of 1776 and introduced a more balanced constitution based
on bicameralism and a stronger executive, but no change was made to
the suffrage in state elections and the governor was now to be popularly
elected. Most drastically, in 1791–1792 Delaware at last dropped its
freehold qualification and enfranchised adult white male residents who
had paid a state or county tax. Together with New Hampshire (which in
1791 also chose to retain its taxpaying qualification) and North Carolina,
these states all maintained tax systems that made qualification easy. Pre-
vailing attitudes may have wished to restrict the right to vote to freehold-
ers, householders, taxpayers, and settled residents, but there could now
be no question of withdrawing the vote from any group of white men
that already possessed it.26
Thus by the time of George Washington’s reelection in 1792, after the
admission of Vermont and Kentucky, seven of the fifteen states had given
up property qualifications in voting for their lower house of assembly. In
at least three others, inflation had made existing property requirements
relatively unrestrictive. Taxpaying requirements too provided little obsta-
cle: As in Pennsylvania, a small property tax or county road tax was
enough to establish what historian Philip Klein described as ‘‘almost
universal manhood suffrage.’’ Across the nation as a whole, at least 80

percent of adult white males could vote. And in the states where the
legislature did not reserve the privilege to itself, that was the electorate
that chose the state’s presidential electors.27
The mere fact that so many adult white males could vote for the lower
houses of both state and federal government did not make the United
States of 1790 a democracy. Not only were women largely excluded from
the political process, but contemporaries still did not think that all adult
26. Williamson, American Suffrage, 131–37.
27. Philip S. Klein, Pennsylvania Politics, 1817–1832: A Game without Rules
(Philadelphia, 1940), 34. See also Pole, ‘‘Election Statistics in Pennsylvania,’’
................. 18391$ $CH3 03-18-13 07:44:23 PS PAGE 232
15. Ratcliffe, THE RIGHT TO VOTE • 233
white males deserved the vote even when citizens. The assumption that
the poor, the idle, and the profligate had to be prevented from corrupting
the electoral process remained strong, and the principle of universal
manhood suffrage made only slow headway. Yet in practice in most states
the opportunity to vote was gradually extended so that by 1812 very few
adult white males outside Rhode Island, Virginia, and the new, unusual
state of Louisiana were denied access to the polls in elections for state
and federal legislatures. The process by which that happened—and the
timing of the process—are too frequently slipped over by recent histori-
ans who remain fixated with the notion of Jacksonian Democracy.28
Immediately after the acceptance of the Constitution there was little
demand for greater democracy. Most voters proved reluctant to use their
vote, and not all electoral units actually claimed their right of representa-
tion. Those who did vote commonly preferred their traditional leaders,
gentry in the country and merchants in the cities, though the social
sources of legislators were broadening considerably. The formal criteria
for membership of legislatures were much stiffer than for voters, requir-
ing of the representative not just maturity in years, citizenship, and resi-
dence, but also in many states significant levels of property ownership,
especially for state senators. Moreover, the principle that elected bodies
should represent persons rather than interests was still not generally
accepted: In Virginia, South Carolina (till 1819), and some parts of Ken-
tucky the principle of plural voting persisted, allowing wealthy men to
vote in every county in which they owned sufficient property. In many
states the house reflected the distribution of persons, while the senate
represented property and established interests. Representation was
28. Keyssar’s Right to Vote is particularly disappointing in its overly generalized
treatment of the changes from 1790 to the 1850s, though his tabulations of consti-
tutional changes relating to voting, 340–61, are invaluable and relied upon here.
Likewise, Wilentz’s Rise of Democracy, 40–178, misses the significance of the
developments of 1790–1815. If democratization had substantially taken place by
1815, it becomes inappropriate to explain it in terms of changes that occurred
after 1815, as in Sean Wilentz, ‘‘Property and Power: Suffrage Reform in the
United States, 1787–1860,’’ in Voting and the Spirit of American Democracy:
Essays on the History of Voting and Voting Rights in America, ed. Donald W.
Rogers and Christine B. Scriabine (Urbana, IL, 1990), 31–42. One consequence
of recent disregard of the earlier period is that much of the best secondary litera-
ture on the subject is now half a century old.
................. 18391$ $CH3 03-18-13 07:44:24 PS PAGE 233
16. 234 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
commonly skewed to give dominance to the seaboard areas, especially
through state senates; in the South Atlantic states, in particular, this
device provided extra protection for the interests of slavery. The protec-
tion of property also encouraged the retention of higher qualifications
(including stricter residency and citizenship rules) for voting in local
elections where men of property feared discriminatory local taxation. In
most southern states local government remained essentially appointive,
notably in Virginia through the county court system, and continued so
in the 1820s.29
Yet elite control did not generally extend to the electoral process.
Historians have commonly assumed that in the early republic the voters
exercised their electoral privilege under the close supervision of their
social superiors. Certainly in Virginia, Kentucky, Maryland, and for a
time in some parts of other states, voting continued to be done publicly
viva voce, with ‘‘living voice’’: The voters, one by one, had to swear that
they were qualified and then publicly declare the names of those they
were voting for. This was a slow process and open to abuse, especially
where less wealthy men had to announce their vote in the presence of
those to whom they were beholden—landlords, employers (possibly of
family members), local officials with real authority.30
But even in colonial days paper ballots, discreetly folded and depos-
ited in a sealed box, were used to protect the voter’s integrity throughout
New England and the Carolinas, and in parts of Pennsylvania. With the
Revolution the practice became obligatory in those places. New York,
New Jersey, and other parts of Pennsylvania experimented further with
paper ballots during the Revolutionary War, so that by 1787–1788 nine
states had substantially adopted the practice.31
29. Pole, Political Representation; Jackson Turner Main, ‘‘Government by the
People: The American Revolution and the Democratization of the Legislatures,’’
William and Mary Quarterly 23 (July 1966), 391–407; Pole, ‘‘Suffrage and Repre-
sentation in Massachusetts,’’ 561–62; Charles S. Sydnor, The Development of
Southern Sectionalism, 1819–1848 (Baton Rouge, LA, 1948), 33–53.
30. Sydnor, Gentlemen Freeholders, 27–31; Donald J. Ratcliffe, Party Spirit in
a Frontier Republic: Democratic Politics in Ohio, 1793–1821 (Columbus, OH,
1998), 34–35.
31. Keyssar, Right to Vote, 5–6, 17; Williamson, American Suffrage, 104, 108,
121–22; Dinkin, Voting in Revolutionary America, 101–104. See also Morgan,
Inventing the People, 174–233, esp. 183; and Eldon Cobb Evans, ‘‘A History of
the Australian Ballot System in the United States’’ (Chicago, 1917), ch. 1, avail-
................. 18391$ $CH3 03-18-13 07:44:24 PS PAGE 234
17. Ratcliffe, THE RIGHT TO VOTE • 235
As a result—and contrary to common historical opinion—the secret
ballot was the norm in the early republic. Other jurisdictions soon
adopted it: Georgia in 1789, Delaware in 1791, the Northwest Territory
in 1800, New York City in 1804, and Maryland in 1802 for state elec-
tions and 1810 for all elections. When the Federalists of Connecticut
introduced the Stand Up law in 1801, which replaced the existing secret
ballot with a public declaration in congressional elections (though not in
elections for governor or town representative), it served only to enhance
the Republican claim that Federalists scorned the ordinary voter, and the
Republicans repealed it in 1817.32
Only in Virginia and Kentucky did the old-fashioned English mode of
elections continue, lasting throughout the antebellum period. Oral vot-
ing, added to the persisting power of local sheriffs and county courts in
parts of the Upper South, gave local elites some control over elections.
Interestingly, one southern-influenced western state, Illinois, adopted the
ballot in 1819, moved to oral voting in 1821, back to the ballot in 1823,
and readopted oral voting again in 1829, all in an effort to combat secret
intrigues during elections.33
Otherwise the polling place was a less closely supervised place than
historians have sometimes assumed. Even in the North, it has been
argued, voters were traditionally subject to close scrutiny in the act of
voting, essentially to ensure that they were duly qualified members of the
local community. Some of the evidence for such scrutiny is stronger,
able at http://en.wikisource.org/wiki/A_History_of_the_Australian_Ballot_System
32. Williamson, American Suffrage, 135, 149, 169–70, 183–84, 212. See also
Thomas P. Abernethy, The South in the New Nation, 1789–1819 (Baton Rouge,
LA, 1961), 31; John T. Willis, Presidential Elections in Maryland (Mount Airy,
MD, 1984), 3; Richard J. Purcell, Connecticut in Transition, 1775–1818 (Wash-
ington, DC, 1918), 139–40, 156, 252.
33. Sydnor, Development, 48–49, 49–52; Robert M. Ireland, ‘‘Aristocrats All:
The Politics of County Government in Ante-bellum Kentucky,’’ Review of Politics
32 (July 1970), 365–83. For Illinois, see Theodore C. Pease, The Frontier State,
1818–1848 (Springfield, IL, 1918), 39; Thomas Ford, A History of Illinois, From
Its Commencement as a State in 1818 to 1847 (1854; repr., Urbana, IL, 1995),
56. Similarly, Kentucky had adopted the secret ballot in 1792 and then reverted
to publicly recorded voice voting in 1799, mainly because of fraud surrounding
the ballot system. Joan Wells Coward, Kentucky in the New Republic: The Process
of Constitution Making (Lexington, KY, 1979), 143.
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18. 236 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
however, at the height of the Second Party System in the 1840s than in
the early republic. About the turn of the century enforcement of voting
qualifications was generally very lax. In disputed election cases the com-
plaint was normally that too many people had been allowed to vote, not
that arguably qualified voters had been turned away. When disappointed
candidates did appeal to the legislature, they generally stopped short of
courting unpopularity by appearing to favor a restricted franchise.34
Voter-qualification laws concerning the ownership of property were
difficult to enforce in newly opened areas where titles had not yet been
confirmed, which is why most frontier states avoided property qualifica-
tions. Election judges could not rule authoritatively on land ownership
in any areas—like New England and Pennsylvania—where small amounts
of land were frequently bought and sold or taken into joint ownership.
In these circumstances the old practice of handing over title deeds for a
day, and so creating ‘‘fagot votes’’ as a temporary qualification, could not
be effectively policed. Where other forms of property were acceptable,
the practice grew of accepting any evidence the voter brought forward:
in Massachusetts, some voters brought the tools of their trade, a couple
of cattle, and even credit notes as proof that they possessed enough
substance to satisfy the law. Even bankrupts could qualify since the law
allowed them to keep, free of distrait, household effects that happened
to be worth enough to meet the property requirement. In theory, tax
qualifications ought to have been easier to enforce. Yet official records
were not readily available and voters were asked to self-certify that they
had paid sufficient taxes, which simply encouraged perjury. In any case,
the onus of proof was on the objector to prove non-qualification, not the
voter to prove his eligibility. This helps to explain the comparative lack
of public demand for the extension of franchise—because the legal limita-
tions did not have much effect, at least not for anyone who wished to
Many voters simply assumed that they could vote, because they could
not conceive why they should not be able to. War veterans, in particular,
34. Compare Kenneth J. Winkle, The Politics of Community: Migration and
Politics in Antebellum Ohio (New York, 1988), with Ratcliffe, Party Spirit, 11,
105–106, 163. See also Pole, ‘‘Suffrage in Maryland,’’ 221–22, and ‘‘Representa-
tion and Authority in Virginia,’’ in Pole’s Paths to the American Past, 20.
35. Pole, ‘‘Suffrage in Massachusetts,’’ 572–74, 576; Williamson, American
Suffrage, 210–13, 134.
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19. Ratcliffe, THE RIGHT TO VOTE • 237
turned up to vote, as in South Carolina in the 1790s, regardless of the
suffrage rules. In New York, Vermonters settling on the Holland Pur-
chase in western New York presumed that they could not be deprived of
a right they had enjoyed in Vermont, and used their fists at the polls in
1807 to enforce that right. Cultural attitudes were shifting in the wake of
the Revolution so that the suffrage franchise was seen as the natural right
of men who supported government, did their civic duty, risked their
lives for the republic, or worked hard to become property owners,
regardless of their current wealth. By 1801, as the Federalist George
Cabot recognized, ‘‘The spirit of our country is doubtless more demo-
cratic than the form of our government.’’36
The shift in attitude was most obvious in those states that had occa-
sion to write or rewrite their rules. Six of the ten new states that estab-
lished their political institutions from scratch before 1821 instituted
universal manhood suffrage, at least for whites. In 1777 Vermont had
accepted this revolutionary principle at its first organization, though it
did not become a state of the Union till 1791. Kentucky followed suit in
1792, as did almost all the states admitted between 1816 and 1821.
Tennessee, in 1796, was the only frontier state to introduce a property
qualification, but it applied only to those who had not lived in the county
concerned for more than six months.37
In the territories Congress initially tried to maintain a freehold fran-
chise, but finally conceded a taxpaying qualification for the Indiana, Illi-
nois, and Mississippi territories between 1811 and 1814. Three of the
new states adopted taxpaying qualifications, but these were not always a
great restriction. Certainly Louisiana, dominated by a Gallic population
determined to retain its control, imposed in 1812 a tax requirement that
effectively excluded over half the state’s adult white males from voting,
despite exempting from the qualification for five years those who had
bought land from the United States government. By contrast, Mississippi
in 1817 excepted from its own taxpaying requirements all those who
36. Cabot quoted in Williamson, American Suffrage, 174. See also ibid,
152–53; Harvey Strum, ‘‘Property Qualifications and Voting Behavior in New
York, 1807–16,’’ Journal of the Early Republic 1 (Winter 1981), 347–71, esp.
37. The states admitted between 1816 and 1821 were Indiana (1816), Missis-
sippi (1817, the only one to adopt a taxpaying qualification), Alabama (1819),
Illinois (1819), Maine (1820) and Missouri (1821).
................. 18391$ $CH3 03-18-13 07:44:26 PS PAGE 237
20. 238 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
were enrolled in the local militia—or who were exempt from militia ser-
vice! Earlier, in 1802, Ohio had given the franchise to taxpayers and
those who worked on the roads, but since all adult males were obliged
to work on the roads, this amounted to a thoroughly democratic fran-
chise (for white males) that, without amendment, would make possible
the huge turnouts there in the Jacksonian period.38
In the older states where existing property qualifications had long
existed, elites were understandably concerned that their interests might
be jeopardized if power was transferred to a popular majority. Accord-
ingly, they resisted the demand for liberalization, but with limited suc-
cess. In New York City the charter of 1730, which restricted voting to
property owners, was reformed in 1804 by a Republican state legislature
that extended the suffrage also to taxpayers who paid rent of twenty-five
dollars or more a year. In Maryland, a broad bipartisan movement for
universal white male suffrage appeared after 1797, with huge backing
from the landless residents of rapidly growing Baltimore. In the face of
diehards in the state senate, a reform bill finally passed the legislature
in 1801 and was confirmed in 1802 (thus making it a constitutional
amendment), admitting all free white adult males, twelve-months resident
in a county, to vote in elections for sheriffs, delegates, and other state
officials. In 1810 a constitutional amendment confirmed that this privi-
lege extended also to voting for congressmen and presidential electors,
but the state senate and governor continued to be indirectly elected.
Similarly South Carolina, after a three-year struggle over the suffrage,
confirmed in 1810 that all free white males with two years’ residence
could vote, though only for the lower house and congressmen. By 1810
three of the southeastern states—the exceptions were Virginia and North
Carolina—had achieved a thoroughly democratic suffrage for white adult
males, at least in elections for the lower house of assembly and for con-
38. Williamson, American Suffrage, 97–99, 208–209, 213–14; Donald J. Rat-
cliffe, ‘‘Voter Turnout in Early Ohio,’’ Journal of the Early Republic 7 (Autumn
1987), 233–34, 246–50. For Louisiana, see Joseph G. Tregle, Louisiana in the
Age of Jackson: A Clash of Cultures and Personalities (Baton Rouge, LA, 1999),
65, 68; Samuel C. Hyde, Jr., Pistols and Politics: The Dilemma of Democracy in
Louisiana’s Florida Parishes, 1810–1899 (Baton Rouge, LA, 1996), 47; and John
M. Sacher, A Perfect War of Politics: Parties, Politicians, and Democracy in Loui-
siana, 1824–1861 (Baton Rouge, LA, 2003), 12, 205–207.
39. Pole, ‘‘Constitutional Reform in Maryland,’’ 278–81; Williamson, Ameri-
can Suffrage, 138–57, 162–64.
................. 18391$ $CH3 03-18-13 07:44:27 PS PAGE 238
21. Ratcliffe, THE RIGHT TO VOTE • 239
In most states, new constitutional provisions did not result from wide-
spread popular demands for a wider suffrage. Usually constitutional
conventions were called to settle other problems, especially the basis of
regional representation within the states, and the opportunity was taken
to introduce reforms of the suffrage. As representation was made fairer,
so, too, the restrictions on voting for upper houses were democratized,
though in a piecemeal way. Property qualifications for appointive and
elective office holders were also made less restrictive, as in Maryland in
1809. Local government opened up in many states, as, for example, in
Massachusetts in 1811, and the franchise made more generous. The
most restrictive systems of local government survived in New York and
in seven southern states where county courts, either appointed by the
legislature (as in South Carolina) or co-optive and self-perpetuating (as
in Virginia and Kentucky), remained the fulcrum of local government.40
Pressure for a change in the franchise rules came simply from the
increase in the number of people voting. Before 1790 voters had not
used the right to vote in large numbers even when they possessed it; in
a routine election like that for governor of Connecticut in 1793 only 5
percent of eligibles turned out. But much greater numbers were possible
if exciting or important matters seemed at stake, and, as in England
between 1694 and 1716, shorter terms and more frequent elections
served to stimulate interest. In this respect the introduction of popular
elections for Congress provided an important stimulus, especially in
states like South Carolina that otherwise did not have many popular
elections. In practical terms, the most effective way of encouraging voter
turnout was to make voting places more accessible, and the introduction
of smaller election districts, notably in New Jersey, Maryland, and Ohio,
greatly stimulated voting.41
The greatest incentive to rouse popular participation came in the
1790s with the development of two-party conflict. As the governing elite
divided, so each side recognized that the existence of a huge pool of
uncommitted potential voters could decide the outcome of the struggle,
40. Pole, ‘‘Constitutional Reform in Maryland,’’ 281–82, and ‘‘Suffrage in
Massachusetts,’’ 564; Williamson, American Suffrage, 133–34; Sydnor, Develop-
ment, 33–43, 287; Ireland, ‘‘Aristocrats All.’’ For reform of local government elec-
tions, see Keyssar, The Right to Vote, 30–31, 50.
41. McCormick, Voting in New Jersey, 80–81, 84, 95–97, 119–20; Ratcliffe,
Party Spirit, 34, 48–49; Pole, ‘‘Constitutional Reform in Maryland,’’ 278;
Williamson, American Suffrage, 166, 180.
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22. 240 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
and each appealed downwards for support among the mass electorate.
As a consequence, two-party conflict created in many areas a close com-
petition that stimulated interest and brought large numbers to the polls
in 1798–1800, including even in Virginia.42
After 1800 the Jeffersonians for some years enjoyed an easy predomi-
nance that made voting seem less necessary, but after 1807 party compe-
tition revived north of the Potomac, creating electoral excitement in two-
thirds of the states for the next eight years. As David Fischer argued in
1965, this was a major democratizing experience for the New England,
Middle Atlantic, and coastal border states.43
One important consequence was a decline in the habit of deference
as politicians used issues to rouse popular support in their opponents’
traditional areas of strength. Significantly, between 1800 and 1810 dele-
gate nominating conventions were introduced at the local level in the
middle states, and even in Ohio, to reassure voters that the candidates
they voted for were indeed the people’s choice.44
A further stimulus to voter participation came with the extension of
statewide elections. Though party conflict aroused interest, there was
little motivation to vote in the many counties and districts where opinion
was overwhelmingly one-sided. But a statewide contest made every vote
42. Pole, Political Representation; Andrew W. Robertson, ‘‘Voting Rites and
Voting Acts: Electioneering Ritual, 1790–1820,’’ in Beyond the Founders: New
Approaches to the Political History of the Early American Republic, ed. Jeffrey L.
Pasley, Andrew W. Robertson, and David Waldstreicher (Chapel Hill, NC, 2004),
43. David Hackett Fischer, The Revolution of American Conservatism: The
Federalist Party in the Era of Jeffersonian Democracy (New York, 1965). It is a
sly mark of Wilentz’s rejection of Fischer’s thesis that he entitles his section on
the Whig party in the mid-1830s ‘‘The Revolution of American Conservatism.’’
Wilentz, Rise of American Democracy, 483.
44. For the decline of deference, see also Strum, ‘‘Property Qualifications,’’
366–69, and Donald J. Ratcliffe, ‘‘The Changing Political World of Thomas Wor-
thington,’’ in The Center of a Great Empire: The Ohio Country in the Early Ameri-
can Republic, ed. Andrew R. L. Cayton and Stuart D. Hobbs (Athens, OH, 2005),
36–61. For the significance of delegate nominating conventions, see Noble E.
Cunningham, The Jeffersonian Republicans in Power: Party Operations, 1801–
1809 (Chapel Hill, NC, 1963), 196–200; Pole, ‘‘Jeffersonian Democracy and the
Federalist Dilemma in New Jersey,’’ 263–70; Carl Prince, New Jersey’s Jefferson-
ian Republicans: The Genesis of an Early Party Machine, 1789–1817 (Chapel
Hill, NC, 1967), 71ff.; Ratcliffe, Party Spirit, 45–57, 101–13, 125–35, 161–65,
185, 210–17, 235–38.
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23. Ratcliffe, THE RIGHT TO VOTE • 241
potentially critical: Politicians had every reason to mobilize isolated sup-
porters in hostile areas, and to persuade voters in areas of strength of the
need to offset hostile votes elsewhere in the state. Overall, the popular
election of governors operated to stimulate higher turnouts after 1790 in
most states north of the Potomac; where repeated annually, as in New
England, it had an even more powerful democratizing effect.45
Similarly, before 1842 some states, usually smaller ones, chose their
congressmen by a general-ticket election, as of course did those allowed
only one congressman. Such statewide elections were in general less
common in the South, but the biennial statewide contest for congress-
men brought democratic agitation to Delaware, Georgia, and Louisiana
before 1815, and Alabama and Mississippi thereafter.46
Half a century ago J. R. Pole and Richard P. McCormick demon-
strated that during the presidencies of Jefferson and Madison voters
began turning up to the polls in huge numbers. Between 1808 and 1816
statewide turnouts in Massachusetts, New Hampshire, and New Jersey
commonly passed 60 percent. As Pole pointed out, a higher proportion
of adult males in Massachusetts voted in these years than at any subse-
quent time down to the Civil War. In some Maryland counties turnout
reached heights of over 80 percent between 1808 and 1812. Moreover,
in many states these high levels of turnout did not entirely disappear
after 1816. Partisan conflicts continued to raise their heads from time to
time, and the Panic of 1819 brought a degree of popular distress that
roused high turnouts in the early 1820s in some states. The gist of these
figures is now being confirmed by scholars using Lampi’s much more
extensive, precise, and authoritative data for 1787–1825.47
45. By 1792 seven states allowed popular statewide election of their governor,
including Pennsylvania (from 1790) and Delaware (from 1792), both of which,
like New York, held their election every three years. The exception among the
free states, New Jersey, did not give the election to the people until 1844. All
the states admitted after 1789 had direct popular elections for governor, except
Louisiana. Gubernatorial Elections, 1787–1997 (Washington, DC, 1998).
46. Rosemarie Zagarri, The Politics of Size: Representation in the United States,
1776–1850 (Ithaca, NY, 1987), 125–31, 154–59. For a debate over the party
advantages of statewide as opposed to district elections, see Pole, ‘‘Jeffersonian
Democracy and the Federalist Dilemma in New Jersey.’’ Congress mandated com-
pulsory district voting for the House in 1842.
47. J. R. Pole, ‘‘Letters to the Editor,’’ 414. See also his ‘‘Suffrage in Mary-
land,’’ 222, and ‘‘Constitutional Reform in Maryland,’’ 280–81. The voting data
that appeared in Pole’s articles (cited fully in note 9) were reprinted in Pole,
Political Representation, 543–64. See also McCormick, Voting in New Jersey, 119–
................. 18391$ $CH3 03-18-13 07:44:29 PS PAGE 241
24. 242 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
These returns confirm that close party conflict at the state level drew
to the polls many men who were not qualified to vote. Candidates and
parties that were determined to win had little scruple in encouraging the
unqualified to vote, as they did, for example, by creating ‘‘fagot votes’’
and encouraging aliens to vote. In New York, where severe restrictions
supposedly applied, even conservative Federalist landlords encouraged
tenants to vote, paying their traveling expenses and offering financial
inducements to vote appropriately. In turn, New York Republicans used
some ingenious devices, from at least 1807 onwards, to bring every man
over the age of twenty-one to the polls. Several counties between 1807
and 1814 cast more votes than they had eligible voters: Martin Van
Buren claimed there were six hundred illegal voters in his county in
1810. Though the suffrage rules considerably reduced the numbers vot-
ing in New York, electoral frauds, according to historian Harvey Strum,
‘‘created a de facto lowering of property qualifications for voting in
gubernatorial and senatorial races . . . and significantly enlarged the
potential electorate.’’48
The high turnouts of 1808–1812 confirmed, as J. R. Pole remarked,
that ‘‘constitutional limitations [on voting] were not only slight in them-
selves but were seldom enforced by local authorities and did little to
prevent the exercise of the suffrage franchise by almost any member of
the adult male population.’’ In his view, New England (outside Rhode
20, and ‘‘New Perspectives,’’ 292; Fischer, Revolution of American Conservatism,
188–90. Even in ostensibly one-party Ohio, the few counties that experienced
close two-party conflict saw turnouts exceeding 60 percent of adult white males
between 1808 and 1815. Statewide, turnout remained constant, 1808–1818. Rat-
cliffe, ‘‘Voter Turnout in Early Ohio,’’ 237, 239, 245, 247. See also Ratcliffe,
Party Spirit, passim, and ‘‘Changing Political World’’; Jeffrey L. Pasley, ‘‘The
Cheese and the Words: Popular Political Culture and Participatory Democracy in
the Early American Republic,’’ in Beyond the Founders, ed. Pasley, Robertson,
and Waldstreicher, 46–48; and Robertson, ‘‘Voting Rites,’’ ibid, 73–74. The sig-
nificance of close party competition and high turnouts before 1815 is missed by
Keyssar, The Right to Vote, 40.
48. Williamson, American Suffrage, 159–63; Strum, ‘‘Property Qualifications,’’
360–66 (quotation at 366); Keyssar, The Right to Vote, 34–35. McCormick calcu-
lated that 41.8 percent of adult white males could legally vote for governor and
state senator in New York in 1807 and 36.6 percent in 1814. Turnout for governor
reached 93 percent of eligibles in 1807 and 95 percent in 1814, surely reflecting
considerable intervention by illegal voters. McCormick, ‘‘Suffrage Classes and
Party Alignments: A Study in Voter Behavior,’’ Mississippi Valley Historical
Review 46 (Dec. 1959), 397–410; Strum, ‘‘Property Qualifications,’’ 362.
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25. Ratcliffe, THE RIGHT TO VOTE • 243
Island) had not known an effective freehold rule, or much enforcement
of the suffrage laws, since the Revolution. Even the Massachusetts
constitution of 1780 could not prevent the existence by 1809 of what
Chilton Williamson described as ‘‘a condition bordering on universal
In New Jersey, all serious thought about enforcing property qualifica-
tions disappeared long before the constitutional reform of 1807; as in
Maryland in 1801, that apparently fundamental change simply confirmed
what had been previously been common and regular though unconstitu-
tional, and turnout scarcely increased as a result of the reforms. Lax
interpretation of the rules not only served the parties; it also solved the
problem of established voters whose deteriorating socioeconomic condi-
tion meant that they could no longer meet the formal requirements, even
though they remained worthy citizens.50
The open disregard of suffrage rules, encouraged by political parties
that flagrantly breached the law at election time, made it clear that the
only way to secure honesty in elections was to remove property restric-
tions. As one Connecticut legislator in effect said in 1801, the state’s
property tests should be abolished because they were treated as mean-
ingless in many towns. In addition, many appreciated that electoral
fraud, especially as practiced in New York, allowed party politicians to
control who voted and when they voted, a control that could be broken
by introducing a universal suffrage (for white males) either legally or de
facto. Though in some states Federalists sometimes argued for tightening
up the rules and feared that Republicans would be the main beneficiaries
of extension, many other Federalists came to feel they could not oppose
a popular demand and in any case recognized the need to reform rules
that could not be enforced. Thus movements to broaden the suffrage
rules arose in the 1810s as much as a consequence of high voter partici-
pation as in hope of creating it.51
49. Pole, ‘‘Suffrage and Representation in Massachusetts,’’ 561; Williamson,
American Suffrage, 169, 176, 177 (quotation), 178. See also Paul Goodman, The
Democratic-Republicans of Massachusetts: Politics in a Young Republic (Cam-
bridge, MA, 1964), 136–45; Ronald P. Formisano, The Transformation of Politi-
cal Culture: Massachusetts Parties, 1790s–1840s (New York, 1983), 408–409.
50. Williamson, American Suffrage, 176–77, 209; Pole, ‘‘Suffrage in Mary-
land,’’ 220–23. See also Pole, ‘‘Election Statistics in Pennsylvania,’’ 217–19.
51. Williamson, American Suffrage, 171, 188–90, 192–94; Strum, ‘‘Property
Qualifications,’’ 360, 366.
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26. 244 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
Even so, much resistance persisted to the abandonment of the princi-
ple of a ‘‘stake in society’’ from those who feared the growth of an unreli-
able and ill-equipped population. Republicans were on the whole more
sympathetic to reform, especially in the northern states, but they were
far from united on the issue: In New York, in particular, a significant
minority of Republicans helped to obstruct reform in the legislature. In
general, upper houses were more conservative, regardless of party con-
trol, and lower houses more aware of the disadvantage of seeming to
oppose a widespread right to vote. Before 1812, such internal divisions
ensured that contests for reform failed in Massachusetts, Rhode Island,
Connecticut, and New York. The one exception was New Jersey, where
anxiety about corrupt practices in elections—and about the number of
aliens, blacks, and women voting—led to a major reform in 1807. This
placed suffrage on a clear taxpaying basis, creating a very broad franchise
for white men but disfranchising women and African Americans. As a
mark of white male hegemony, apparently neither group protested.52
The demand for reform affected New England in the years immedi-
ately following the party passions of 1807–1815 and the War of 1812.
As in Mississippi, veterans in particular were widely thought to have
earned the right to vote, regardless of all other considerations. In Con-
necticut the postwar union of Republicans and dissenters brought about
a new constitution in 1818 that gave the vote to adult white males of
‘‘good character’’ and six months’ residence who were $7 freeholders or
state taxpayers or militiamen. Here, as in many other states, a taxpaying
qualification amounted, in Williamson’s judgment, to ‘‘almost manhood
suffrage, so long as males of voting age were almost all polled.’’53
In 1819 the new state of Maine adopted the principle of universal
manhood suffrage that had in fact existed in previous years when it con-
ducted its politics as part of Massachusetts. So too in 1821 Massachu-
setts at last adopted taxpaying in place of its property qualification, but
52. Pole, ‘‘Constitutional Reform in Maryland,’’ 282–84; Strum, ‘‘Property
Qualifications,’’ 358–59; Williamson, American Suffrage, 158–64, 177;
McCormick, Voting in New Jersey, 97–101; Zagarri, Revolutionary Backlash, 36.
See also Judith Apter Klinghoffer and Lois Elkis, ‘‘ ‘The Petticoat Electors’: Wom-
en’s Suffrage in New Jersey, 1776–1807,’’ Journal of the Early Republic 12 (Sum-
mer 1992), 159–94.
53. That is, so long as they had to pay a poll tax. Williamson, American Suf-
frage, 190. See also ibid, 182–90; Purcell, Connecticut in Transition, 399.
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27. Ratcliffe, THE RIGHT TO VOTE • 245
this probably did not make the Massachusetts electoral system signifi-
cantly more democratic in its operation than before the Revolution. Con-
stitutional reform in New England basically sanctioned voting practices
that had previously been common but irregular, unconstitutional, and
possibly producing results that were subject to challenge in the legisla-
A real change did take place in New York, where constitutional reform
was an extension of recent reform movements in New England. The
flood of Yankee settlers into New York in the years since 1800 prompted
demands for liberalization that the regular Democratic Republicans
could not resist. The new constitution of 1821 abolished the severely
restrictive franchise for the state senate, and extended the right to vote
for the assembly to all male taxpayers and militia men. This formally
increased the proportion of adult white males able to vote for the assem-
bly, it is estimated, from 78 to 90 percent. However, as elsewhere, inter-
pretation of the taxpaying qualification proved complex and difficult.
The search for simplification produced a non-contentious shift in 1826
from taxpaying to a qualification based simply on citizenship, age, and
residence—which increased the electorate by 1 percent! Far more sig-
nificant than the franchise changes was the abolition, in 1821, of the
Council of Appointment, which had controlled fifteen thousand office-
holders at all levels of government, and the consequent increase in the
number of offices open to popular election.55
New York was the only state where a constitutional convention held
in the 1820s effectively extended the democratization of politics. Al-
though the process of constitutional change here was deeply affected by
party hostilities, the issue of the suffrage did not reflect unbridgeable
differences. The main argument was not over the principle of extending
the right to vote, but whether a higher qualification should be retained
for the senate. Most of the Democratic Republican Party favored man-
hood suffrage, but their leaders, notably Martin Van Buren, preferred a
54. Williamson, American Suffrage, 190–95. Maine followed the precedent of
Vermont in 1777, which, Williamson argued, had simply legalized the loose prac-
tices of Connecticut electoral politics before the Revolution. Ibid, 97–99, 190.
55. Williamson, American Suffrage, 204, 207. For the significance of the 1821
convention, see Jabez D. Hammond, The History of Political Parties in the State
of New York, From the Ratification of the Constitution to December, 1840 (2 vols.,
Albany, NY, 1842), esp. 2: 1–85.
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28. 246 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
more limited franchise because they recognized that the new constitution
had to be approved by a referendum among the old restricted electorate.
Though arguing in favor of retaining some restrictions, many Federalists
saw little danger in broadening the franchise, as long as the judiciary
remained independent. As the old Federalist standard-bearer Rufus King
pointedly remarked, ‘‘I have not observed that the States in which a prop-
erty qualification is established, either choose wiser men or are less demo-
cratical than those where the property qualification for electors does not
exist. We are so nearly alike, and have so much intercourse, that it has
appeared to me pretty certain that the popular claim would prevail over
that of property.’’ His main concern was to stop potentially corrupt party
managers from perverting the popular will: ‘‘We must choose the [presi-
dential] electors by the people or the public liberties will be lost. . . . They
cannot be bribed, they are safe against corruption.’’56
The widespread acceptance of manhood as the essential qualification
for enfranchisement had carried with it a definition of those who could be
trusted to preserve property and liberty, and that in turn required a defini-
tion of those not to be trusted. Paupers were seen as unworthy, criminals
as dangerous, and women as inherently dependent, while attitudes to aliens
fluctuated, often being viewed as acceptable voters but not office holders.
The shift to recognizing civic contributions (such as military service and
road work) that were then essentially male activities inevitably undermined
the claim of women to the vote, as did the gradual replacement of Enlight-
enment environmentalism by biological determinism.57
It has become almost a commonplace that ‘‘As the Anglo-American
political system became more ‘democratic,’ it also became even more
56. Rufus King to Charles Gore, Dec. 18, 1820, in The Life and Correspon-
dence of Rufus King, Comprising his Letters, Private and Official, His Public Docu-
ments, and his Speeches, ed. Charles R. King (6 vols., New York, 1894–1900), 6:
365, 519–20, 532–33. For a different but perceptive perspective on voting reform
after 1815, see Wilentz, Rise of American Democracy, 181–202.
57. Keyssar, The Right to Vote, 32–33, 54–59, 61–63; Kettner, Development
of American Citizenship, 102–103, 122–24, 214–18, 231; Zagarri, Revolutionary
Backlash, 164–73. For the limitation of democratic rights by racial, ethnic and
gender hierarchies, see Rogers M. Smith, Civic Ideals: Conflicting Visions of Citi-
zenship in U.S. History (New Haven, CT, 1997). Paupers were disfranchised
before 1828 in only New Hampshire (1792), South Carolina (1810), Maine
(1819), and Massachusetts (1821), though in most seaboard states after 1828.
Steinfeld, ‘‘Property and Suffrage,’’ 335–36, 353.
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29. Ratcliffe, THE RIGHT TO VOTE • 247
racist and sexist as women and blacks were stripped of rights.’’ The
growing cultural belief in inherent racial differences ensured that African-
Americans, even when free, would increasingly be considered unworthy
of citizenship, and so suffered disfranchisement as socioeconomic bar-
riers to voting disappeared between 1790 and 1821. This process of
marking out blacks as an unacceptable racial group began in the South,
where the three seaboard states that already had prohibitions in place
were joined by three border states—Delaware in 1792, Kentucky in
1799, and Maryland in 1801—that had large and growing free black
Ohio in 1802 was the first free state to ban African-Americans from
the polls; every new state to join the Union thereafter, whether slave or
free, followed Ohio’s precedent, with the exception of Maine in 1819–
1820. New Jersey in 1807, Connecticut (by statute in 1811 and by con-
stitution in 1818), and Rhode Island in 1822 instituted their own bans,
while New York in 1821 allowed free black voting only if a heightened
property qualification could be met. Though racial intolerance would
deepen further in the 1820s, disfranchisement temporarily halted. In
1828 eight states still officially allowed voting by free blacks: four in New
England where their numbers were low, plus New York (in its limited
way), Pennsylvania, North Carolina, and Tennessee.59
58. Richard Young and Jeffrey Meiser, ‘‘Race and the Dual State in the Early
American Republic,’’ in Race and American Political Development, ed. Joseph
Lowndes, Julie Novkov, and Dorian T. Warren (New York, 2008), 43; Smith,
Civic Ideals, 165–232. Virginia, South Carolina, and Georgia already prohibited
black voting.
59. Keyssar, The Right to Vote, 349–53; for Connecticut, see Pole, ‘‘Suffrage in
Massachusetts,’’ 581. The new states banning free black voting were Louisiana
(1812), Indiana (1816), Mississippi (1817), Illinois (1818), Alabama (1819), and
Missouri (1820–1821). Bans were later introduced in Tennessee in 1834, North
Carolina in 1835, and Pennsylvania in 1838; Rhode Island reversed its ban in
1842. For an interesting discussion of these different outcomes, see Christopher
Malone, Between Freedom and Bondage: Race, Party, and Voting Rights in the
Antebellum North (New York, 2008). For the ‘‘racialization’’ of politics, see David
Waldstreicher, ‘‘The Nationalization and Racialization of American Politics:
Before, Beneath, and Between Parties, 1790–1840,’’ in Contesting Democracy:
Substance and Structure in American Political History, 1775–2000, ed. Byron E.
Shafer and Anthony J. Badger (Lawrence, KS, 2001), 37–63, and the literature
cited therein; and for the process in the 1820s, see Donald J. Ratcliffe, ‘‘The
Decline of Antislavery Politics, 1815–1840,’’ in Contesting Slavery: The Politics of
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30. 248 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
The suffrage was therefore not entirely restricted to men who could
pass as white, but it was undoubtedly the preserve of adult males. The
principle of universal manhood suffrage (at least for whites) had been
formally established in only eight states by 1828, while in Virginia and
Rhode Island social and economic change was making traditional legal
restrictions actually reduce the size of the legal electorate. But that did
not alter the fact that overall the United States was already a functioning

mass democracy for white males, and in many states substantially had
been for some considerable time before the rise to political prominence
of Andrew Jackson.
The assumption that there was a connection between enlarging the fran-
chise and the election of Andrew Jackson to the presidency rests upon
rather fuzzy assumptions. It is not always clear whether Jackson suppos-
edly owed his rise to power to a prior expansion of the voting public or
whether he himself somehow contributed toward the process of democ-
ratizing the franchise. Either way, there is a presumption that in the early
nineteenth century the franchise was—as Keyssar claimed—‘‘generally
granted . . . only to property holders,’’ even though the evidence widely
available in authoritative monographs suggests, as we have seen, that
many non-property holders already enjoyed the privilege, both in theory
and practice. As a result, it is simply not true that political parties of the
1820s and 1830s ‘‘often campaigned on the promise of eliminating prop-
erty requirements.’’ It is also frequently said that the destruction of prop-
erty tests in ‘‘the constitutional conventions of the 1820s’’ prepared the
way for Jackson’s presidential victories, even though there was only one
decisive reforming state constitutional convention (New York) between
1815 and 1832. If there were a connection between Jackson’s victory
and an expanded voter universe, it was surely that Jackson was the first
presidential candidate to win a clear popular majority in a competitive
presidential election in which the popular voice directly determined the
final outcome in the Electoral College.60
Bondage and Freedom in the New American Nation, ed. John Craig Hammond
and Matthew Mason (Charlottesville, VA, 2011), 267–90, esp. 282–84, 302–303.
60. Keyssar, The Right to Vote, xvi; Rogers, ed., Voting and the Spirit of Ameri-
can Democracy, 11–12. These common assumptions have been expressed in, for
example, Waldstreicher, ‘‘The Nationalization and Racialization of American
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31. Ratcliffe, THE RIGHT TO VOTE • 249
In the 1820s voters began to act in presidential elections as they had
previously, in many states, at the state and local levels. Presidential elec-
tions had been bitterly fought in 1796 and 1800, but thereafter the
electoral predominance and caucus nominations of the Jeffersonian
Republican Party made the outcome of these contests predictable. Only
in 1812, when the Federalists exploited the Republican factional split in
New York, might the nominee of the congressional caucus have failed.
After the Republican walkovers of 1816 and 1820, it became clear by
1823 that the party could no longer agree upon a single candidate, and
the resort to a congressional caucus in 1824 was essentially a maneuver
by the Republican faction most confident of winning the plurality needed
to lay claim to the traditional party label. The uncertainties of the early
1820s, when economic breakdown stimulated voter turnout to new levels
in a number of (mainly western) states, created a situation in which ambi-
tious leading national politicians could be challenged by an outsider,
especially one who, like Jackson, was an acclaimed national hero. By
1827–1828 two new political formations had appeared, each campaign-
ing to attract popular support, and the contest to win the White House
became the central driving force behind political mobilization.61
It is misleading to assume that, before then, traditional aristocratic
attitudes had previously placed the selection of the Electoral College in
the hands of the state legislatures, or that its members exercised their
judgment independent of the ticket upon which they were elected. In
1792 the New York legislature apologetically explained that it gave itself
Politics,’’ 51; Howe, What Hath God Wrought, 231, 269, 281, 489–91; and the
Congressional Quarterly’s Guide to U.S. Elections, 1: 5. The idea of the 1820s as
an age of constitutional reform owes much to the title of Merrill D. Peterson’s
valuable anthology, Democracy, Liberty, and Property: The State Constitutional
Conventions of the 1820’s (Indianapolis, IN, 1966), which reprints part of the
debates of the Massachusetts (1820–1821), New York (1821), and Virginia (1829–
1830) conventions.
61. For the rise in voter turnout at the state level since 1818, see Richard P.
McCormick, ‘‘New Perspectives on Jacksonian Politics,’’ American Historical
Review 65 (Jan. 1960), 288–301, esp. table 1; Ratcliffe, ‘‘Voter Turnout,’’ 245–46;
and especially Daniel Peart, ‘‘Popular Engagement with Politics in the United
States during the Early 1820s’’ (PhD diss., University of London, 2011). For the
priority of presidential politics over state issues by 1828, see Donald J. Ratcliffe,
‘‘Antimasonry and Partisanship in Greater New England, 1826–1836,’’ Journal of
the Early Republic 15 (Summer 1995), 199–239.
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32. 250 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
the privilege of choosing the state’s presidential electors only because
there was not sufficient time to organize a popular election for that year.
By the time of the first contested election in 1796, respect for popular
sentiment had persuaded eight states—half of them—to allow all those
people who could vote for the assembly and congressmen to choose the
state’s Electors. By 1800 four states had moved the decision away from
the people back to the assembly, but the demand for popular participa-
tion ensured that in 1804 and 1808 only seven legislatures out of seven-
teen kept the electoral vote in their own hands. Those Jeffersonian
elections—not that of 1824, as often asserted—were probably the first in
which a majority of adult white males had the opportunity to participate
in a presidential election.62
The retraction, in some states, of the choice of electors from the peo-
ple arose from the majority party’s determination to ensure that it won
every one of the state’s electoral votes, a necessity that its own intensely
partisan supporters could readily accept. Such partisanship underlay the
resort to legislative control in some states in 1800; again in 1812 the
New Jersey and North Carolina legislatures reclaimed the privilege in
order to ensure that all the state’s electoral votes went to Madison. Still
in 1816 the states were evenly divided between legislative and popular
elections for president, but the growing irrelevance of the old party fight
at the federal level undermined the argument against giving the choice of
electors to the people. Out of twenty-four states, by 1820 only nine state
legislatures still kept the decision in their own hands, and by 1824 only
six. In New York the regular Republican leadership under Van Buren
persisted in preserving the legislature’s privilege gained in 1792, and
62. C. H. Rammelkamp, ‘‘The Campaign of 1824 in New York,’’ in Annual
Report of the American Historical Association for 1904 (Washington, DC, 1905),
181–82. Methods of choosing presidential electors are tabulated in Historical Sta-
tistics of the United States: Colonial Times to 1970 (2 vols., Washington, DC,
1975), 2: 1071. The assertion about 1824 has most recently been made in Lynn
Hudson Parsons, The Birth of Modern Politics: Andrew Jackson, John Quincy
Adams, and the Election of 1828 (New York, 2009), 69. The belief that members
of the Electoral College often disregarded the ticket they were elected on is
expressed, for example, in Howe, What Hath God Wrought, 207–208, 231. In
fact, between 1789 and 1820 only five (at most) out of nearly 1,500 electors
ignored their implied pledges—one (but arguably four) in 1796, and one
(famously) in 1820. Congressional Quarterly’s Guide to U.S. Elections, 1: 819.
................. 18391$ $CH3 03-18-13 07:44:34 PS PAGE 250
33. Ratcliffe, THE RIGHT TO VOTE • 251
uniquely clung to it in 1824 because they wished to elect as president a
man who was unpopular with the state’s voters. The voter uprising in
New York that temporarily overthrew Van Buren’s control in 1824 finally
discredited the legitimacy of legislative prerogative, so that in 1828 only
Delaware and South Carolina retained it—and from 1832 until the Civil
War only South Carolina.
In rousing popular participation, it was not enough to give the voters
the power to choose members of the state’s branch of the Electoral Col-
lege: The election had also to be organized on an at-large, winner-take-
all basis. The district system may have seemed more democratic because
it gave greater representation to minority interests, but in districts pos-
sessing overwhelming partisan agreement it could instill apathy in com-
parison with a statewide election. Only if an easy statewide majority
existed, as it did in Virginia, did the at-large election undermine partici-
pation in the relatively few evenly divided districts. In the first four presi-
dential elections only three or four states used the general-ticket system
at any one time—most commonly, New Hampshire and Pennsylvania.
After 1800 Rhode Island, New Jersey, Virginia, and Ohio joined them
on a regular basis. Not until 1824 did half the states choose their Electors
in a statewide election, with nine of those twelve in the North. The
originality of 1828 lay in the fact that eighteen states (out of twenty-four)
used the general-ticket system, eight of them slave states. In that sense,
certainly, agitation of the electorate across the nation became possible in
a presidential election as never before.63
In securing his great popular victory in 1828, Jackson did not owe his
success to new states admitted since 1815 or to the suffrage extensions
of 1818–1821 in the East. New Western states carried little weight in
presidential elections, while older, larger states like Ohio and Kentucky
were closely divided between the parties. Of the states in which recent
constitutional reform had been concentrated, those in New England
overwhelmingly preferred John Quincy Adams in both 1824 and 1828,
while New York virtually ignored Jackson in 1824 and in 1828 split its
Electoral College votes between him and Adams, 20 to 16. Nationwide,
63. The shift to at-large, winner-take-all voting came from the desire to maxi-
mize the electoral weight of the state. It surely stretches things a little to claim that
larger states as a class initially preferred the district system, in view of the adoption
of the general ticket in presidential elections by Pennsylvania and Virginia from
an early date. Cf. Zagarri, Politics of Size, 131–33.
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34. 252 • JOURNAL OF THE EARLY REPUBLIC (Summer 2013)
the total numbers voting for Jackson in 1824, 1828 and 1832 were not
unprecedented in state elections, though renewed competition for the
presidency now encouraged men to vote in large numbers in presidential
as well as in congressional and state elections. The great increase in
turnout came after Jackson had left the White House, with the sharpen-
ing of two-party conflict in 1840.64
Indeed, the heart of Jackson’s support lay in the least democratic sec-
tion of the Union. Whereas there had been nothing to choose between
North and South in 1790 in terms of allowing an extensive franchise, by
the 1820s the older South was remarkable for the barriers it retained to
the full operation of democratic choice. Throughout the southern sea-
board states, voters could not vote for governor, except in Delaware and
in Georgia from 1824 onwards, and contrived representation systems
ensured that eastern voters counted for more than western. Voters con-
tinued to be excluded from control of county government in seven of the
ten southern states. South Carolina, in particular, stood out as a state
that allowed a broad electorate to choose the legislature, and then gave
that legislature absolute centralized power to elect other officers and run
both the state and local government. Far from demanding greater democ-
racy, the Southeast’s Jacksonian Democrats were often distinguished by
their support of the status quo: in Virginia, for example, they supported
the 1829 state constitutional convention’s decision to relax only margin-
ally the state’s complex property qualifications.65
Significant reform began in the South with Mississippi in 1832 and
Tennessee in 1834. Both states adopted universal white male suffrage,
opened up a wide range of offices to local election, and democratized
county governments. Traditional obstacles persisted elsewhere in the
64. McCormick, ‘‘New Perspectives.’’
65. Sydnor, Development, 275–89; Fletcher M. Green, Constitutional Develop-
ment in the South Atlantic States, 1776–1860: A Study in the Evolution of Democ-
racy (1930; repr., Clark, NJ, 2008). After 1831 about one-third of Virginia’s adult
white males were disfranchised: McCormick, Second American Party System,
180–81; Shade, Democratizing the Old Dominion, 4. Jackson’s dependence on the
South has been emphasized in recent times by William W. Freehling, The Road
to Disunion: Secessionists at Bay, 1776–1854 (New York, 1990); Donald J. Rat-
cliffe, ‘‘The Nullification Crisis, Southern Discontents, and the American Political
Process,’’ American Nineteenth Century History 1, no. 2 (2000), 1–30; and Howe,
What Hath God Wrought, 279–84, 328–445.
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