The American Ballot Box: Law, Identity, and the Polling Place in the Mid-Nineteenth Century

Abstract

Between 1850 and 1868, the United States struggled through a long and bloody Civil War, attempted to reconfigure southern class and economic relations, settled much of the western prairie, and began the transition from an agrarian to an industrial society. During these two decades, Americans went to the polls, whether located in hamlets swarming with Union soldiers, rural churches set in the midst of the southern cotton belt, wooden cabins so isolated that even the nearest neighbors had difficulty finding them, or saloons in the most densely populated sections of great cities. Their votes have come down to us as election returns reporting tens of millions of officially sanctioned exercises in democratic participation. Neatly collated and arrayed in columns by office, candidate, and party, these returns are routinely interpreted as more or less accurate reflections of the popular preferences of the individuals within the communities in which they were made out. Seen this way, the returns themselves appear to constitute unambiguous and overwhelming evidence of the existence of a robust popular democratic system and ethos during the mid-nineteenth century. The purpose of this article is to suggest some important caveats that must attend this conclusion.