Voters Disfranchised in 1867

The year 2024 will be an important election year for all Americans. Such was also the case many years ago. In late 1867 and early 1868, during the Reconstruction Era following the Civil War, Arkansans prepared for an election that included consideration of a new Constitution that could return the state to the Union.

In that time of great political, social, and economic upheaval, Arkansas remained under military control. Specifically, the state was a part of the Fourth Military District, headquartered in Vicksburg, Mississippi. In preparation for the 1868 election, one of the primary tasks facing local officials was voter registration. However, new requirements were in place—regulations that on the one hand allowed blacks to vote, also disfranchised others. Voter registration records from 1867 offer a glimpse into some of the restrictions by providing detailed reasons behind the removal of Hot Spring County men from the roll.

Hot Spring County submitted a list of voters to military officials in Vicksburg, but then sent an update containing twenty-nine names of those determined to be “not entitled to vote under the ‘Supplementary Act of Congress.’” Divided according to “Precinct” (equal to Township) in the report, some men had held various posts or offices before the war and then also “participated in the Rebellion”: Calvin Davenport had been in the militia; William Davenport, James Rippetoe, and James H. H. Johnson previously served as Justices of the Peace; Wiley Easley, as deputy sheriff and militia captain; David Ray, Constable; and John Thornton, militia captain.

While some had participated in fighting the war, others had given “aid and comfort to the Rebellion” and were also denied the right to vote. Among them were W. C. Vantrease (who had served as J.P.), Henry Levering (J.P. and Postmaster), Francis Ward (J.P.), Huston Roberson (County Treasurer), James Hollingshead (J.P.), Tighlman Cloud (Postmaster and Deputy Sheriff), Lawson Runyan (J.P.), Andrew Floyd (County Assessor who “held office under the Confederate government”), Luther Taylor (mail contractor), James Ashby (officer in U.S. Army), and Theophilus Thornton (Constable). It was also noted that Thornton had voted for secession.

Some men could not vote because they “never took amnesty oath.” An amnesty oath, offered under a proclamation of President Andrew Johnson dated May 29, 1865, stated that the signer would “henceforth faithfully support, protect and defend the Constitution of the United States, and the Union of States thereunder; and . . . abide by and faithfully support all laws and proclamations which have been made during the existing rebellion.” The men who had not taken the oath included James Hulsey, George Sperlin, William Clay, and Owen Busick. Robert Newton reportedly “never has taken and refuses to take” the oath.

Officials determined that Jackson Lee was not old enough to vote. George Finley was “disfranchised for felony.” James T. Rhodes was “sorry that he registered” and Joseph Vandergriff asked that his name be removed from the list of voters. Robert Trimble and John T. Allen had residency issues.

The Arkansas State Archives preserves the full list of voters as well as the update described above. The records have been digitized and are available at digitalheritage.arkansas.gov