The Wilted Rose of Texas

Hypothetical question to me readers. If I made a slight retcon to my previous post and Vice President Johnson contested the end of Acting Presidency, insisting that as per the 12th Amendment, he is the President for 4 years...how do you think the Supreme Court of this time would rule in that case. Or, would they not look at the case at all?

Personally, I think that if they took the case, and they rulled in Johnson's favor they would declare that A)He was in fact Acting President, not President and that B)An election for a new President must be held December 1837, as per the Presidential Succession Act.

Either way, I think I'll have Johnson contest the decision, and I'm leaning towards having Taney refuse to give him the oath of office.
 
In the closing days of his administration, Andrew Jackson had begun to ferment a potential Constitutional Crisis. Since the Senate rejected the war declaration on Mexico, Jackson had lost faith in his Vice President. This was only exasperated by Van Buren's silence on Texas. Jackson felt betrayed and manipulated. He had set up Van Buren to be his successor, and he had stabbed him in the back. So, Jackson began to mend fences with Senator White, finding him to be very similar in thought and mind, and more outspoken. But betrayal would strike yet again, when White consented to the Presidency of William Henry Harrison. That left just one man with skin in the game that Jackson felt he could rely on, Vice President-Elect Richard Johnson.

According to Jackson's writings, released after his death, Johnson and Jackson had a meeting in the Oval Office on February 19th. Jackson proposed an idea to Johnson; as the 12th amendment was ambiguous on how long an Acting President would serve in the Executive Mansion, Johnson should declare upon taking the oath that he was the rightful President of the United States, citing the House of Representatives' inability to select a President. It seems that while Johnson was open to the idea, he would only go along with the idea with the support of both Chief Justice Taney, who would give the oath and support the Constitutionality, and Speaker James Polk, who would have to concede the House's failure to pick a candidate and announce the matter closed.

A meeting between the four occurred the following day between the four men to discuss the fate of the Presidency. Fortunately for the stability of the nation, Polk and Taney steered Jackson and Johnson away from this course of action. Polk was unwilling to cede what he deemed was his chambers authority to decide on the matter, also saying that with a Democratic Congress a Whig President wouldn't be able to get policies implemented without their support. Taney argued the inevitability of a Supreme Court challenge, and a special election the following December. The result of which would also be in question. It would do worse damage to the Presidency than when Clay and Adams 'stole' the Presidency from Jackson. In the end Jackson abandoned the plan, and Johnson would serve four hours as acting President.


-From American Lion: Andrew Jackson in the White House, by Jon Meacham (2008)

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A quick update to further elaborate on Jackson's thoughts at the time, and to address the ambiguity of the 12th amendment. Might be a slight handwave/retcon, but that's how I roll.
 
One of Harrison's first actions as President was to try and bring a peaceable close to the Second Seminole which had been raging in the Florida territory since 1835. 1836 had been a particularly vicious year, with several Generals having to be replaced for failure to end the Indian threat. Harrison asked Senator Theodore Frelinghuysen, who had built up a reputation by opposing the Indian Removal Act, to to join General Thomas Jesup and act as a diplomat to the remaining Seminole forces.

On May 10th, Chief Osceloa agreed to meet with Frelinghuysen to discuss an end to hostilities. Over the Senator's objections, General Jesup had the Chief and his entourage detained. Frelinghuysen sent word to Washington, calling on the President's intervention in the situation. It would take a week for word to get back from Washington, while Seminole attacks intensified, lead by Sam Jones in retaliation to the deceit. On May 17th, Major General Winfield Scott arrived at Jesup's camp with a letter from the President. Jesup was relieved of command, and Scott was placed in charge. Eye witnesses state that Jesup tore up the letter, and left camp for Washington immediately. He would return to his duties as quartermaster general.

Major General Scott had Osceloa released, as a sign of good faith of President Harrison. He was told to return to his people to calm down the attacks, and talks can resume in the future. It wouldn't be until April 16th that the attacks would calm back down, and talks would resume. Six months of talking and offered bribes would lead to the creation of a reservation in Southern Florida for the Seminole people to live without the intervention of the Americans. Anyone who voluntarily moved west would be offered money, a rifle, and one-years rations. While some took up on the offer, most did not leaving about 3,000 Seminoles within Florida.

This is compromise is the path that the Harrison administration would follow when dealing with the Cherokee Removal after canceling the planned forced removal in 1838....
-From Unconquered People: Florida' Seminole and Miccosukee Indians by Bren Weisman, 1999

SPECIE CIRCULAR RESCINDED, PAPER MONEY ACCEPTED

President Harrison has officially repealed President Jackson's last Executive Order banning paper money use for public land sales. Many have potential buyers had expressed concern over the ability to pay for land only in gold and silver, and believe that this will make these sales much easier. More than a few have also called for the restoration of the National Bank, a measure supported by President Harrison....
-Headline Story from the New York Herald, March 6th, 1837

CONGRESSMAN RUFUS CHOATE REPLACES SENATOR WEBSTER
-Headline Story from the Quincy Patriot, March 7th, 1837

DAVY CROCKETT'S SON, CONGRESSMAN JOHN CROCKETT, REPLACES SENATOR WHITE
-Headline Story from the Nashville Republican, March 7th, 1837

SENATOR JOHN CRITTENDEN CONFIRMED BY SENATE FOR SUPREME COURT
-Headline Story from the New York Herald, April 22nd, 1837

GOVERNOR JAMES MOREHEAD REPLACES SENATOR CRITTENDEN
-Headline Story from the Louisville Times, April 24th, 1837

In the first two months of his administration, Harrison was focused on restoring the National Bank. Killed by Jackson because of corruption and perceived tyranny, Harrison sided with the rest of the Whigs in seeing it as stabilizing force. An opinion held by many Democrats as well. So Harrison set out to garner support in Congress for the recreation of the bank. With the support of Henry Clay and John C Calhoun, the bank restoration passed easily in April of 1837. Speaker Polk refused to put the legislation for a vote without making some changes to the the proposal. Polk wanted the National Bank Head to be chosen by the Secretary of Treasury and answerable to the Treasury Department. Furthermore, as the Bank would be an extension of the Treasury department, it's employees would be subject to the same scrutiny as any other Department. So it was that on May 10th, 1837 the Third National Bank Charter was passed, set to expire in 1857.
-From The Rise an Fall of the Whig Party, by Michael Holt, 1999

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And we're now up to the OTL Panic of 1837, which I'm butterflying (mostly)(probably) away. I realized as I was making some of the headlines here that I already, accidently, released who would be replacing cabinet officials and Crittenden in the Senate back in my election roundup post awhile back. Oops. Oh well, hope you enjoy the update.
 
Webster had been granted free reign by President Harrison to shape affairs. It was Webster who selected the men that would become the Ambassadors of the United States. Of particular note was Henry Wheaton, an associate of Webster’s, who would be elevated to Ambassador to Prussia and who would be responsible for the Treaty of Berlin (1841). This trade agreement would go to great lengths to creating the cordial relationship seen between Prussia and the United States over the next few decades. Webster wanted to strengthen ties with Southern and Central American nations, to better enforce the Monroe Doctrine. The Treaty of San Salvador (1838) would be signed with the Federal Republic of Central America, establishing a military alliance in all but name. This Treaty would be the model upon which the future “Monroe Treaties” would follow. He also wanted America to have a louder voice in the world, taking a tour through Europe in 1837 to normalize relationships with the Great Powers. It was a stroke of luck that the Secretary of State was in London when the ‘Caroline Affair’ occurred on December 29th, 1837.
-From Life of Daniel Webster, by George Ticknor Curtis, 1870

On December 29, Canadian loyalist Colonel Sir Allan MacNab and Captain Andrew Drew of the Royal Navy commanding a party of militia, acting on information and guidance from Alexander McLeod, crossed the international boundary and seized the Caroline, towed her into the current, set her afire, and cast her adrift over Niagara Falls, after killing one black American named Amos Durfee in the process. His body was later exhibited in front of a recruiting tavern in Buffalo, New York. US illustrations in the press showed the burning ship going over the falls with men falling headlong into the chasm. In reality, the ship did not immediately go over the falls. She grounded and later broke up and the pieces went over the falls later on.

It was falsely reported that dozens of Americans were killed as they were trapped on board; in fact the ship had been abandoned before being set adrift. Public opinion across the United States was outraged against the British. President Harrison immediately responded by sending a General Winfield Scott to Maine, as a sign to the Americans that things were under control and as a sign to the British that America will not tolerate any such actions in the future. Secretary of State Webster received word from Harrison to work with the British to prevent violence in the future.

Webster had been making friends with many of those in Parliament, and had impressed even Prime Minister the Viscount Melbourne with his wit and demeanor. Webster reached out to the Prime Minister who directed Foreign Secretary the Viscount Palmerston to meet with Webster to resolved the boundaries of Canada and the United States. Viscount Palmerston refused, insisting that the United States should be ignored, and it was not fit to have a place on the world stage. On February 3rd, the Prime Minister reshuffled his cabinet; Viscount Palmerston would lose his position, to be replaced by President of the Board of Trade, Charles Thomson. Charles Thomson had been intended to replace Governor General the Earl of Durham in Canada, but would stay on as Foreign Secretary for the remainder of the Melbourne Ministry, and his replacement in Trade, Henry Labourchere would be sent to Canada in his stead.

On May 18th, 1838, the Webster-Thomson treaty was signed, establishing the borders between the United States and Canada. Maine would extend into the North and acquire the Machias Seal Island and North Rock. It further confirmed the Arrowhead Region to the United States. On May 28th, General Scott would capture Canadian pirates attempting to attack the British steamer Sir Robert Peel. The Canadian Rebellion would be brought to a close with the British victorious and the Viscount Palmerston would begin a bitter fall to the backbenches.

-From Melbourne: A Life of William Lamb, 2nd Viscount Melbourne, by Philip Ziegler, 1976
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Some foreign policy updates to carry us into 1838. I might go over a broad range socioeconomic post, but I don't think I'll get to that until the next President takes office. And yes, I knocked out Prime Minister Palmerston with a particuraly violent butterfly. I hadn't intended it, but it flowed out naturally while I was writing this section.
 
The Webster-Thomson Treaty had two components that were vitally important to the formation of the Navy; the shared use of the Great Lakes and the requirement that the United States' Navy contribute to ending the slave trade in the Atlantic. Despite proving it's necessity in the War of 1812, the Navy had been, in general, left alone without much in the way of innovation. To meet the needs of this new treaty, President Harrison lobbied Congress for the expansion of the Navy and a slight increase in the national tariffs to fund it. Senator Henry Clay was able to secure a 25% tariff and the support of Congress for the increase in the size of the Navy.

Secretary of the Navy John Tyler would oversee the Naval production and co-ordinate with the British War Department to work out British-American co-operation in countering the slave trade. While personally indifferent to proliferation of the slave trade, Secretary Tyler wanted to see the Navy flourish and that required continued action. Throughout the remainder of the Harrison administration the African Squandron, which had formed in 1819 but had been ineffective since, saw a dramatic increase in it's numbers. Between 1840 and 1845, the combined British and American naval presense would capture over 600 ships, freeing over 40,000 captives. By the late 1840's, the slave trade had been mostly contained by these operations.

From To Shining Sea: a History of the United States Navy, 1775–1998, by Howarth, Stephen, 1999

TREATY WITH BRITAIN SIGNED
-Headline Story from the New York Herald, July 20th, 1838

TARIFFS TO BE 25%
-Headline Story from the New York Herald, August 18th, 1838

NAVY EXPANSION PASSES CONGRESS
-Headline Story from the New York Herald, September 1st, 1838

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I am not dead, but I haven't had much time to update, so I apologize for the glacial pace of this. We've only moved 2 years since I've started. We'll see what happens.
 
I actually think war is the more probable outcome.

Houston was withdrawing towards the Lousiana border during the Texan Revolution; Mexico claimed territory to the east of what the US claimed the Texan-American border was; and after the Goliad massacre there were American civilians heading east.

So, I think you can see how this plays out. An attack on American civilians inside an American state? With Jackson having deployed forces to the region?
 
I actually think war is the more probable outcome.

Houston was withdrawing towards the Lousiana border during the Texan Revolution; Mexico claimed territory to the east of what the US claimed the Texan-American border was; and after the Goliad massacre there were American civilians heading east.

So, I think you can see how this plays out. An attack on American civilians inside an American state? With Jackson having deployed forces to the region?

Well, I suppose my justification was that The Battle of San Jacinto happened further South in Texas, perpendicular to the Gulf of Mexico as opposed to Louisiana. Also, that any Texans still hanging around would be driven out, with Mexico forces staying away from the American army. And, that Van Buren is gun shy and doesn't want to have a war on his plate when he takes office, especially a war he doesn't support. So, I decided to go with the drama of a deadlocked electoral college instead of the drama of a war with Mexico. I suppose I could have done both, but I kind of like how this went.
 
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