Stephen Douglas had won the 1864 election by a convincing margin. He was elected on a platform of maintaining unity and rejecting sectionalism. He made it clear that he wanted to maintain a policy of neutrality; favoring neither the North nor the South. It would soon be clear that appeasing both sections would be impossible. But in 1865, many Americans still believed that neutrality was a reasonable position. Both pro and anti-slavery Americans looked to the West, believing that the triumph or demise of that peculiar institution lay in that region. The pro-slavery faction was the most concerned, realizing that the places where the institution could feasibly take hold in were vanishing. They saw Utah as their last chance, especially after attempts to annex Nicaragua had gone no where after almost a decade. Pro-slavery settlers had already begun to enter the territory for the express purpose of making Utah a slave state. An Illinois man was determined to save the territory from both slavery and polygamy.
(Stephen A. Douglas, 16th President of the United States)
John Brown, a devout Reformed Christian from Illinois, was gathering supporters to settle in Utah. He and his men had chosen land to the North of Salt Lake City. They hoped that more like-minded people would follow them. They built the city of Gilead in 1865. Pro-slavery settlers built a few settlements in the South and East, but plantation style agriculture was difficult. The more successful farmers raised livestock, specifically cattle. There was also Indian slavery in the Utah Territory, a practice that also existed in New Mexico. The Mormons were divided on the issue. Often times Mormons from free states opposed the practice while Mormons from slave states often supported it. Slavery was legally recognized by the territorial government, even though it was rare. National ire in both the North and the South was directed towards the Mormons for the practice of polygamy. Pressure was mounting on Douglas to replace Brigham Young as the territorial governor. For now, those pleas were being ignored. Among Douglas’ major critics was Democrat-turned Whig John C. Fremont.
In January 1865, Fremont resigned his post as military adviser to Nicaragua. He began to speak against the administration’s willingness to tolerate polygamy and its concessions to slave power. Fremont’s replacement in Nicaragua would be Benjamin Huger of South Carolina. Douglas did, however, reject calls to remove anti-slavery Democrats from the cabinet. Pro-slavery Democrats wanted to purge the anti-slavery wing from the party, but they would find no sympathy from the president. Douglas also showed no interest in increasing funding for capturing fugitive slaves. He did, however, support continued enforcement of fugitive slave laws. He also appointed several pro-slavery federal judges (though he also appointed some anti-slavery ones). Pro-slavery settlers in southeastern Utah named a settlement “Douglas City.” This was heavily reported by Whig papers in the North. There was also Pierce City and Houston, Utah. Septuagenarian and former presidential candidate Edmund Ruffin of Virginia led an armed pro-slavery gang to keep out anti-slavery settlers from entering through Kansas. Pro-slavery settlers entering the territory in 1865 outnumbered anti-slavery settlers 3 to 1. It seemed as if Utah would become a slave state.
But the pro-slavery side still had obstacles to overcome. There would be strong opposition in Congress to adding another slave state. There were also the miners in the western part of the state, though most of them were not citizens. In addition, the Mormons did not care much for outsiders, regardless of what side of the slavery debate they were on. They saw both pro and anti-slavery settlers as encroaching on their land. A non-Mormon slaveowner was arrested for having sex with one of his slaves, infuriating other slaveowners. Nevertheless, a pro-slavery constitution was approved by over 70% of voters. But statehood was rejected in Congress. Opponents of statehood demanded that observers be sent to ensure the elections were fair. Anti-slavery politicians were also waiting for an upcoming Supreme Court ruling to determine whether or not slavery in Utah was legal. Meanwhile, slaves in the territory heard about Gilead and some tried to find the town. Pro-slavery settlements came into conflict with the Ute Indians, with casualties on both sides.
On June 15, 1866, the Supreme Court decided on Jackson v. Smith. Jackson, a Utah slave, had run away from the Utah Territory to California. His master, Smith, tried to have him returned. However, anti-slavery lawyers claimed that Jackson could not legally be a slave because the Missouri Compromise banned slavery there. Two Supreme Court justices had recently died: Chief Justice Roger Taney in 1864 and Associate Justice John Catron and 1865. Taney was replaced by another Maryland native William Merrick, a circuit court justice for the District of Columbia. Catron was replaced by judge William Davis Shipman of Connecticut. The Supreme Court ruled 6-3 in favor of Smith. The Missouri Compromise was struck down, with the court claiming it to be unconstitutional and a violation of property rights. Slavery would be legal in every territory, even in the strongly anti-slavery Nebraska Territory [1]. Anti-slavery Americans were furious. In November, Whigs would take the House and Senate along with many state governments in the North.
(William Matthews Merrick)
Nebraska was quickly admitted as a free state in early 1867. A second referendum in Utah had 58% vote in favor of slavery. However, Congress also passed a law banning polygamy, and the territory could not become a state unless plural marriage was abolished. Meanwhile, the situation in Utah was, according to prospector Samuel Clemens, “a bloodbath.” Pro-slavery settlers had formed a militia, ostensibly to protect against Ute raids. However, this same militia began to harass anti-slavery settlers, even killing some. The Ute continued to attack settlers, including the anti-slavery ones. In the southern and eastern parts of the state, anti-slavery settlers attempted to form militias to protect themselves. However, they were greatly outnumbered. Pro-slavery fighters descended upon the newly-built Freetown and burned it to the ground. Anti-slavery settlers began to flee north towards Gilead. Other anti-slavery settlers were harassed by Mormons, who thought they were coming to persecute them. Five settlers, whose position on slavery is unknown, were killed near Ogden. Back east, there was outrage.
The papers, including many Democrat papers, called for removing Young as territorial governor. Eventually, Douglas agreed to remove him and send in the military. But the bloodshed had not stopped. Ruffin and the pro-slavery militia were determined to sack Gilead. But Salt Lake City was off-limits, as the city had been fortified. Meanwhile, John Brown was preparing an army of his own. John Brown, his sons, his supporters, and several freed slaves would march south. But first, they would recruit some miners from Western Utah. Brown’s forces were bolstered by many Chinese, German, and Irish migrants. Ruffin’s men were marching through the mountains to get to Gilead. In May they were ambushed by Brown’s forces and retreated. Brown pursued Ruffin south. On August 15, the two forces met at Pierce City. The pro-slavery side had suffered from desertion and their numbers were only 150. John Brown, on the other hand, commanded 500 men. After two hours, Ruffin’s men refused to continue fighting and surrendered. Brown captured the city, freed ten slaves, and forced the pro-slavery militiamen to leave the territory. John Brown became the most loved and the most hated man in America.
In September 1867, the US army arrived in large numbers. John S. Phelps of Missouri was to become the new governor of the territory. Brigham Young was determined to resist this. He ordered Mormon men in Salt Lake City to defend the city. After the Army surrounded the city and began bombardment, he changed his mind. He would accept federal authority and step down as governor. He was given a light jail sentence; one year. He still exerted a great deal of influence over the territorial legislature, however. Statehood would be postponed, as there was not enough support for banning polygamy within the territory. The presence of the military prevented Brown from liberating the rest of the pro-slavery settlements. But many slaveowners voluntarily left, as did many who came to Utah simply to stop slavery there. President Douglas gave a speech later in the year in which he said, “It seems clear that the majority of the recent settlers in the Utah Territory are there for political purposes.” He also said “Statehood is not desirable in the present time.”
Pro-slavery Democrats felt betrayed. Since 1860, three free states had been admitted while not a single slave state had been. The balance between free and slave states was now 20 to 16. This reinvigorated the expansionist movement in the South. There were renewed calls to annex Nicaragua. Vice President Jefferson Davis tried to convince Douglas to acquire Cuba from Spain, but to no avail. Douglas was presiding over a Democratic Party that was hemorrhaging in the North. Representative Francis E. Spinner of New York, an anti-slavery Democrat, became a Whig. More defections like this occurred. The pro-slavery wing’s influence on the party increased as a result. The rejection of Utah Statehood also marked the beginning of a brief trend of slower migration to the West. Kansas and Nebraska grew much slower than expected and Utah even lost population between 1867 and 1870. Only states like California saw significant growth during these years.
1: Unlike in OTL Dred Scott v. Sandford, the Court made no pronouncement on black citizenship