Voting In the Revolutionary period

In 1776,

the now declared “states” would continue the legacy of representative government that existed within the colonies. Elections and voting requirements would carry over, limiting who was eligible to vote based on property, gender, and eventually race.

Pictured here is a 19th-century recreation by John Trumbull of the drafting of the Declaration of Independence.

 
 
…governments are instituted among men, deriving their just powers from the consent of the governed.
— Thomas Jefferson, Declaration of Independence (1776)

Voting Before 1776

Voting in the Americas

Voting predates European arrival to the Americas, with the Iroquois Confederacy being an early example of a representative governing body. Established around 1450-1660, the Five Nations were composed of the Cayuga, Mohawk, Oneida, Onondaga, and Seneca.

The confederacy had a council of 50 chiefs who were appointed by clan mothers; this group would make legislative decisions contingent on unanimous agreement. The Confederacy’s influence on the Continental Congress was openly acknowledged by Benjamin Franklin, and he referenced their model in the Plan of the Union in 1754.

Voting in the colonies

Prior to 1776, the colonies used systems of voting that had been brought over from Europe. As the first colony, Virginia established the General Assembly in 1619, which was made up of the governor, his four councilors, and 22 elected Burgesses. Around the same time in 1620, the pilgrims of the Plymouth Colony (later Massachusetts) would establish a “Civil Body Politic” that would elect the governor and assistants.

These assemblies became the norm for most colonies, with elected representatives then appointing councils who would advise the colonial governor. In some colonies, such as Virginia, the governor was even elected by the House of Burgesses (this right was revoked by Charles II after Bacon’s Rebellion). Elections were called on by the governors of each colony who were sometimes frustrated by the system of shared governance. As such, elections might be held annually, semi-annually, or irregularly based on the decision of the governor.

Voting privileges were exclusively for men and requirements were based on property ownership or the ability to pay taxes. These requirements were based on the prevailing thought of the time that those who had a stake in society could be best trusted to have influence through voting. However, details of how much land was required would vary by time and place. For example, in 1762 the House of Burgesses tried to reduce the unimproved acreage to 50 but it was rejected in England and the 1736 law remained; this called for “100 acres of unimproved land or 25 acres of improved land had to be owned for at least one year prior to voting” (Encyclopedia of Virginia). Nonetheless, these restrictions continued to exclude women, enslaved people, and poor men. Some colonies also had religious professions as part of their requirements to vote, which given the Protestant majority then excluded Jewish and Catholic settlers.

A broadside from 1700 calling on constables to gather the “qualified” inhabitants of the towns in Massachusetts to vote for various offices in the colony (Library of Congress).


Election days in the colonies

 

William Hogarth depicts a chaotic 1754 election in Britain between the Whigs and Torys (The Metropolitan Museum of Art). While not in the colonies, the picture shows the chaotic electoral legacy that the colonists carried with them. In 1742, Quakers and the Propriety Party in Pennsylvania became so divided that violence broke out on election day; this event came to be known as the “Bloody Election.”

Voting was generally done either by raising of the hand or voice. Clerks would record each voter’s selection, which would become public record. In a few colonies, like Pennsylvania, they used paper voting tickets but the secret ballot box only became the standard in the 19th century.

The public nature of voting made for lively, and sometimes prolonged, debate. A Boston record from 1757 accounts for a nominated justice that was initially blocked due to reports of being frequently drunk, however after further deliberation it was decided it was within the norms of the town and his nomination was confirmed.

Competition was commonly not based on organized parties (with the exception of Rhode Island) but rather between incumbent candidates and challengers. Existing parties were usually temporary and built around specific issues. Constituents would be vocal in newspapers and letters about candidates who they felt would not represent their interests.

Election Festivities

Election days brought towns together as citizens gathered to vote at local courthouses and town halls. Election sermons would be preached at the start or culmination of election days. The influx of people also made busy days for business and travel. Candidates would take advantage of this and serve drinks and food to potential voters. “Election cake” was first recorded in 1796 but other records reference “cake for the election” (Colonial Records of Connecticut, May 1771).

This cartoon by Henry Dawkins depicts the election of 1764 in Philadelphia. In the scene are men persuading each other to vote for their preferred candidate, as well as enslaved men and an enslaved woman among the crowd. Click here for full image.

While enslaved people did not have suffrage, some enslaved communities would host “Negro Election Days” where “attendees elected a king to act as a leader for the local Black community [and] the event also featured dancing, singing and other traditions carried across the Atlantic from West Africa” (Wizevich, Smithsonian). Records of these election days originate from Salem, Connecticut as early as 1741 (Diary of Benjamin Lydle).

 

Fraud and Bribery

 

A 1770 broadside in New York discussing the “most infamous bribery and corruption” in a recent election. Click here for full image.

 

Fraud and bribery was not uncommon in colonial elections. For example, tenants would sell temporary land deeds on election days for men who did not meet property requirements. As the 1770 broadside above from New York recounts, candidates would also threaten voters with unemployment or arrest for prior debts to influence their vote.

Other situations involved running officials who would be elected without living in the area; these disputes would sometimes be settled by codifying residency as a requirement into the local law. The suspicion of fraud and bribery was so pervasive that even British troops prior to the Revolution were prohibited from leaving their barracks to avoid claims of meddling with local elections.


Voting in 1776

 

The House of Burgesses and other colonial assemblies were building grounds for ideas of revolution. Here, Patrick Henry is shown opposing the Stamp Act in 1765 as part of the House of Burgesses in Virginia. He would go on to join the Continental Congress in 1774.

In the months leading up to the call for independence, colonial assemblies began dividing with their respective councils and governors over the matter. As a result, the colonial assemblies transitioned into extralegal conventions, made up of elected men who led the colonies through the Revolution. In 1776, delegates from these conventions who made up the Continental Congress would oversee the approval of the Declaration of Independence. After this, each newly-declared “state” would write individual constitutions in 1776 (with the exception of New York and Georgia). Most of these state constitutions would establish an elected Senate and an elected House of Delegates.

 

Voting rights in 1776

Between 1776 and the writing of the Constitution in 1788, debates surrounding the legitimacy of voting requirements and the risks of expanding the electorate were central to deciding on a federal voting requirement which at this time was left up to the states. However, when the time came, the Constitution would mainly focus on procedures of elections, but left voter rights to the discretion of individual states.

Property Requirements

Property requirements carried over from the colonial norms, however they were increasingly contested as the newly-independent Americans grappled with the limitations of liberty and representation. As shown below in the contrasting thoughts of Franklin and Adams, some thought that eliminating property requirements would taint the credibility of the electorate. On the other hand, others thought the economic barriers were not the best qualifiers of what made a credible voter. In 1776, Benjamin Franklin would help write Pennsylvania’s constitution which would be one of the first to eliminate property requirements and instead use taxes as a requirement instead.

Adams on Property Requirements

“It is dangerous to open so fruitful a source of controversy and altercation, as would be opened by attempting to alter the qualifications of voters. There will be no end of it. New claims will arise. Women will demand a vote. Lads from 12 to 21 will think their rights not enough attended to, and every man, who has not a farthing, will demand an equal voice with any other in all acts of state.” - John Adams

Franklin on Property Requirements

“Today a man owns a jackass worth fifty dollars and he is entitled to vote; but before the next election the jackass dies. The man in the meantime has become more experienced, his knowledge of the principles of government, and his acquaintance with mankind, are more extensive, (…)—but the jackass is dead and the man cannot vote. Now gentlemen, pray inform me, in whom is the right of suffrage? In the man or in the jackass?” - Benjamin Franklin

Women’s voting rights

A portrait from 1810 of Abigail Adams by Gilbert Stuart.

When Abigail Adams asked John Adams to “remember the ladies” in 1776, Adams responded “I cannot but laugh.” While she was not specifically referring to suffrage, this exchange foreshadows the next century of women fighting for equal rights, including the right to vote. It is important to note that not all women in the newly-independent United States were distinctly barred from voting. In 1776, Connecticut, Delaware, New Jersey, and Rhode Island’s constitutions didn’t have gender qualification. However, only in New Jersey is there evidence that shows that women voted as a result.

“That all inhabitants of this Colony, of full age, who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for twelve months immediately preceding the election, shall be entitled to vote for Representatives in Council and Assembly; and also for all other public officers, that shall be elected by the people of the county at large.” - Article IV in New Jersey’s State Constitution (1776)

The use of the pronoun “they” in New Jersey’s constitution appears to be intentional given that in other parts of the constitution “he” was used as a frequent distinguisher. Furthermore, the constitution went through rounds of refinement, and records of the first draft confirm that while other edits were made, the phrase “all inhabitants” was intentionally kept. As such, the constitution enabled property-owning women (typically widows or single-women) to vote between the years of 1776-1807, as confirmed by polling lists. Their votes were highly influential for the later-emerging Federalist Party, and 1793 records account for a Fourth of July Rally where Elias Boudinot encouraged women to vote and participate in politics. However in 1807, with increasing racial and political divides, the following act was passed and the women of New Jersey lost their vote:

“WHEREAS doubts have been raised and great diversities in practice obtained throughout the state in regard to the admission of aliens, females, and persons of color, or negroes to vote in elections as also in regard to the mode of ascertaining the qualifications of voters in respect to estate.

BE IT ENACTED (…) No person shall vote in any state or county election for officers in the government of the United States, or of this state, unless such person be a free, white, male citizen of this state, of the age of twenty-one years, worth fifty pounds proclamation money, clear estate, and have resided in the county where he claims a vote, for at least twelve months immediately preceding the election.”

Racial Voting barriers

The 1801 Montgomery Township Poll List which lists Ephraim Hagerman as a voter (New Jersey State Archives, Department of State).

In 1776, only three constitutions included “white” as a voting qualification in their constitutions, including Georgia (until 1789), South Carolina, and Virginia. While property requirements still excluded enslaved people, there is evidence of freed Black people who voted in other states.

Since race was not recorded in polling lists, historians have had to use other primary sources to confirm names of Black voters. The American Revolution Museum was able to identify six Black voters in New Jersey before 1807 which is when white men became the only eligible voters. Among them was Ephraim Hagerman and Thomas Blue, both individuals that had been previously enslaved. Blue’s wife, Judith Blue, was identified as a possible voter as well.

While state constitutions made in 1776 had not emphasized racial qualifications, a wave of exclusionary acts would be passed across different states at the end of the century to prevent free Black men from voting. In 1792, Delaware’s new constitution would limit suffrage to free white men. In 1809, Maryland also limited suffrage to free white men with other states soon to follow. Furthermore, the Naturalization Act of 1790 would formally grant citizenship to free white people which would usher in exclusions for non-citizens who could previously vote including people of color and immigrants who would be considered non-white.

Module by Maria Reyes Pacheco, with contributions from Samhita Dulam. Click here for bibliography.