When his country calls.

Prologue: The Election of 1856.
"No Democrat has a right to refuse his services when his country calls"
David Allen Smalley, delegate from Vermont to the 1856 Democratic National Convention.

The Candidates.

On February 22nd 1856 the American Party hosted its National Convention in the National Hall in Philadelphia, Pennsylvania to select their presidential ticket for the upcoming election. The delegates had justification to be confident, having elected 51 members to the House of Representatives in the course of the 54-55 elections even getting one of their own, Nathaniel P.Banks to the position of Speaker. However there was also cause for concern, the previous year party leaders had determined not to press the issue of slavery deeming it to polarizing an issue. This greatly angered the Ohio chapter of the party as it was vocally anti-slavery. The convention attempted to address this by closing the chapter then re-opening it under more moderate leadership. This backfired as Ohio delegates left in protest with delegates from Pennsylvania, Illinois, Iowa, New England & a number of Northern states following in solidarity. Only in New York in the party maintain a strong presence thanks largely to conservative Whigs remaining faithful. The now reduced convention set about nominating their ticket, quickly settling on the nations 13th president Millard Fillmore of New York, The nomination came in spite of the fact that Fillmore wasn't a member of the party & indeed hadn't even been consulted about being nominated, though he would ultimately accept. For Vice President they selected former charges d'affaires to Texas & Minister to Prussia Andrew Jackson Donelson of Tennessee.
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Next to hold their National Convention would be the Democrats who gathered in Smith & Nixon's Hall in Cincinnati, Ohio on June 2nd. It came as a tense time as their president Franklin Pierce's standing with the public had been badly damaged due to the civil strife in the Kansas Territory which had come to be known as "Bleeding Kansas". Of further concern was the parties devastating losses in the 54-55 midterms which had seen them outnumbered by a coalition of parties hostile to them (though still being the largest party overall) & reduced to a mere two seat majority in the senate. Despite these less than favorable conditions president Pierce was determined to win a second term. Illinois senator Steven Douglas who had sponsored the Kansas-Nebraska Act -which many felt was at least partially responsible for their losses in the midterms- put himself forward in opposition to president Pierce. Douglas had also been a candidate at the 1852 convention which had elected Pierce & proceeded to campaign for him throughout the Midwest. He had hoped to to have influence in Pierce's cabinet -indeed he held out hope for a cabinet position himself- but those hopes had been dashed as Pierce had not only ignore Douglas he had actually given key positions to Douglas' rivals such as Jefferson Davis who became Secretary of War. Many Democrats worried that selecting either man would damage the party due to both seeing so publicly linked to Kansas-Nebraska & began to look for a compromise candidate. The man they settled on was James Buchanan of Pennsylvania. A former senator & Secretary of State under president Polk, Buchanan had spent the Pierce administration as the Minister to the United Kingdom, His supporters which included senators Lames A. Bayard of Delaware, Jessie D. Bright of Indiana & John Sidell of Louisiana took advantage of this to present Buchanan as an experienced leader who could unite north & south. When voting for the presidential nominee began on the 5th began it seemed initially that their efforts had paid off. Buchanan lead on the first 5 ballots with his share of the vote growing on the first four before dipping slightly on the 5th. Meanwhile president Pierce had had remained static from the 2nd through 4th ballots before a very minor bump on the 5th while Douglas' share had gone up & down while staying in a distant 3th place the whole time. Seeing an opportunity, Pierces' men made an offer[1] In exchange for Douglas releasing his votes in favor of president Buchanan, he would be given his choice cabinet positions as well as influence on the rest of the cabinet. When presented with this offer, Douglas replied he would only do it if he were given control of patronage in Illinois as well as the ability to staff his apartment as he saw fit. Douglas seemed to expect his conditions to be rejected but to his shock Pierce's representatives agreed. On the 6th ballot Pierce had taken the lead with 150 to Buchanan's 140. Looking to act while Buchanan's allies were frantically looking to shore up available delegates, they extended Buchanan an offer, In exchange for releasing his votes to the president, he would be re-appointed to his old job as Secretary of State with full freedom to staff his department as he saw fit, influence on ministers as well as patronage in Pennsylvania. Buchanan who hadn't actively sought to be the party's nominee, accepted & Pierce won decisively on the 7th ballot. The convention then moved to the task of selecting the vice president. Eleven names were put forward, though a number of them would attempt to withdraw their names from consideration. Among these was John C. Breckinridge of Kentucky who was looking to clear the path for fellow Kentuckian Linn Boyd. However the Vermont delegation initiated a draft campaign which saw Breckinridge nominated on the second ballot. When explaining why they launched the draft campaign Vermont's David Allen Smalley would respond "No Democrat has the right to refuse his services when his country calls".
President Franklin Pierce (Name Withdrawn on the 15th Ballot in favor of Stephen Douglas)
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On June 12th the northern delegates from the American party who had left their parties convention in February gathered in New York city. The timing of the event was deliberate. The Republicans would be holding their inaugural National Convention a mere 5 days later & it was the hope of the break-away faction's leaders that they would nominate a joint ticket. Senator John C Fremont of California was the favorite among the two leading Republican as Ohio senator Salmon P. Chase was deemed too divisive[2]. However there began to be a worry among some of the delegates that if they preemptively nominated Fremont it would discourage the Republicans from doing so. After several ballots produced no winner an agreement was reached, Fremont would release enough votes to Speaker of the House Nathaniel P. Banks to allow him to win the nomination. In exchange when Fremont was selected as the Republican nominee, Banks would withdraw & endorse him. With the agreement struck Banks was nominated on the 10th ballot with the delegates selecting the chairman of the convention, former Pennsylvania governor William F. Johnston as vice president.
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Five days later on June 17th, the Republican party held its first National Convention in Philadelphia's Musical Fund Hall. It was a largely two person affair between senators Fremont & Chase. Chase had won national fame after leading 5 expeditions into the western half of the continent including personally aiding in the mapping of the Oregon trail as ell as being a veteren of the Mexican-American war. Chase on the other hand could point to his decades of anti-slavery activity as a lawyer as well as being one of the founding members of the Republican party where Fremont was was such a recent defector he had actually been asked to run for the Democratic nomination. Eventually this may have been what ultimately Chase received the nomination (thereby ruining the North American party's plans). Looking to add a more moderate voice to the ticket, Illinois representative Abraham Lincoln was selected as vice president. Lincoln had been elected to the house in the midterms but refused to take his seat before making an unsuccessful bid for senate, he was was able to influence the outcome in favor of an anti-slavery Democrat.
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Finally on September 17th the remnants of the Whig Party gathered at the Maryland Institute in Baltimore. Having lost half of its southern leadership to the Democrats & much of it's anti-slavery members to the Republicans the Whigs had unquestionably fallen on hard times. In a quiet ceremony, the 150 delegates unanimously agreed to adopt the American party's ticket of Fillmore-Donelson as their own.

The General Election.

As was the tradition, none of the three major candidates engaged in public campaigning, leaving it to local party members to act as representatives of their views. The Republicans focused their attacks primarily on president Pierce personally, accusing him of allowing a fraudulent territorial government to be imposed upon the citizens of the Kansas Territory thus engendering the violence that had raged on in Bleeding Kansas & advocated for Kansas to be admitted as a free state. They also opposed the Ostend Manifesto which called for the annexation of Cuba from Spain. But the unquestioned centerpiece of their campaign was their opposition to slavery. They opposed the Kansas-Nebraska compromise with some even going as far as stating opposition to the Compromise of 1850 which preceded it (& Salmon Chase had vehemently opposed) as well as decrying any expansion of slavery into the continental territories. All throughout the country Republican operatives decried "Slave Power" which they said was a threat to America's republican values. The Republican campaign would receive a welcome boost when, after staying in the race for several months, the North American ticket dropped out & gave their endorsements to the Republican ticket. This is believed to due to personal interference from Fremont who convinced Banks & Johnston that the anti-slavery vote couldn't afford to be divided.

The Democratic campaign by & large avoided trying to defend president Pierce & instead prioritized attacking Republicans as dividing the country, warning that a Chase presidency could very well lead to a number of southern states to secede from the union. They also defended the Kansas-Nebraska act as & popular sovereignty, arguing that slavery should be decided by the states. They also spoke in defense of the pro-slavery elected in Kansas, opposed the free-state elements within Kansas & denounced the Topeka Constitution as an illegal document written in an illegal convention. They likewise defended the Ostend Manifesto & the annexation of Cuba.

The American/Whig duel ticket avoided the issue of slavery altogether, instead they ran a campaign in which they described themselves as the only "national party" which could govern the entire country, as opposed to the Democrats who catered to southern slavery & the Republicans who championed northern abolition. They also put forth a nativist platform which campaigned against the admission of immigrants, particularly those of the catholic faith.

The results.

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POD's
1. OTL Pierce made no such arrangements & was replaced as the presidential nominee by Buchanan.
2. OTL Salmon Chase didn't seek the nomination due to feeling that the young party was properly organised to win the presidency. TTL he decides to run as, though he doesn't expect to win he deems the election as a chance to establish the Republican party as the premier anti-slavery party in America,
 
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Glad to see that you decided to write this TL. I've always found the '56 election as a potentially interesting POD. Looking very forward to where this goes. Good luck!
 
So i had to go back & edit something because i put the wrong man in a crucial slot. I also had to change the pics for the Democrat ticket because for some reason the new photos i planned to use wouldn't align properly. I'm still figuring out how this site works so i'll need some indulgence from you. The first proper chapter is coming soon.
 
Determining the winners.
As the election results began to filter in the days & weeks following November 4th, A number of things became apparent. First & foremost was that the Democrats had vastly underperformed only carrying 15 states for a total of 111 electoral votes, their worst performance since their defeat in the election of 1840 & a net loss of 12 states from just 4 years prior. This was largely down to president Pierce's personal unpopularity causing usually Democratic voters to either not vote or instead cast their ballot for Fillmore.

Speaking of whom, Fillmore had amassed 47 electoral votes after carrying 5 states & having claimed in excess of 1/5th of the vote, it was easily the most impressive performance of a third party candidate to date, more than doubling Martin Van Buren's run as the Free-Soil party's candidate in 1844. His momentum had even been transferred down-ballot with the Know Nothings picking up a slew of seats largely in Tennessee[1]. While he still came in a rather distant 3rd place, it seemed his performance had managed to solidify the American party as a legitimate contender on the American political scene.

But without question the party that had gained the most from the election were the Republicans who had carried 13 states (all northern) for a total of a total of 138 electoral votes, just 11 shy of victory. More impressive (though also somewhat worrying) was that their majority had come in spite of receiving zero votes in 10 out of 14 states with the popular vote & their share of the vote in the other four amounting only to triple digits in each. Still it was undeniable that they had established themselves as the premier party of America's anti-slavery voters.

However the fact of the matter that none of the candidates had reached the 149 minimum required to claim victory in the electoral collage, meaning that it would fall to the house to elect the house for only the third time in the nations history & the senate to decide the vice president for only the second time. As per the constitution, it would be the outgoing 34th congress which made the deciding votes. On February 11, 1857 the members of both houses gathered to determine the next leader of America. The senate vote came to a quick conclusion with the 40 Democrats unanimously electing John C. Breckinridge of Kentucky as the 13th vice president of the United States. The House of Representatives proved a decidedly more complex matter.Under the rules established in the constitution, the members didn't cast their votes individually but rather each delegation cast a collective vote on behalf of their state. Out of the 31 states that made up the union, 16 would be required for a majority. After the rules were read aloud the voting began.
By a margin of 5-2 Alabama's delegation cast its vote for Franklin Pierce
Arkansas two representatives unanimously cast their states vote for Franklin Pierce
California's two representatives unanimously cast their states vote for Franklin Pierce
By a margin of 3-1[2] Connecticut's delegation cast their states vote for Salmon Chase
Delaware's at large representative cast his states vote for Millard Fillmore[3]
Florida's at large representative cast his states vote for Franklin Pierce
By a margin of 6-2, Georgia's delegation cast their states vote for Franklin Pierce
By a margin of 6-4 Illinois delegation cast their states vote for Franklin Pierce
By a margin of 9-2 Indiana's delegation cast their states vote for Salmon Chase
As Iowa's two representatives couldn't reach a decision[4], they cast a vote of no selection
By a margin of 6-4 Kentucky's delegation cast their states vote for Millard Fillmore
By a margin of 3-1 Louisiana's delegation cast their states vote for Franklin Pierce
By a margin of 5-1 Maine's delegation cast their states vote for Salmon Chase
By a margin of 4-2 Maryland's delegation cast their vote for Millard Fillmore
Massachusetts 11 delegates unanimously cast their states vote for Salmon Chase
By a margin of 3-1 Michigan's delegates cast their states vote for Salmon Chase
By a margin of 4-1 Mississippi's delegation cast their states vote for Franklin Pierce
By a margin of 6-1 Missouri's delegation cast their states vote for Millard Fillmore
New Hampshire's 3 delegates unanimously cast their states vote for Salmon Chase
By a margin of 4-1 New Jersey's delegation cast their states vote for Salmon Chase
By a margin of 27-6 New York's delegation cast their states vote for Salmon Chase
By a margin of 5-3 North Carolina's delegation cast their states vote for Franklin Pierce
Ohio's 21 delegates unanimously cast their states vote for Salmon Chase
By a margin of 18-7 Pennsylvania's delegation cast their states vote for Salmon Chase
Rhode Island's two delegates cast their states vote for Salmon Chase
South Carolina's six delegates unanimously cast their states vote for Franklin Pierce
By a margin of 7-3 Tennessee's delegates cast their states vote for Franklin Pierce
As Texas' two delegates couldn't reach a decision[6] they cast a vote of no selection
Vermont's 4 delegates unanimously cast their states vote for Salmon Chase
Virginia's 13 delegates unanimously cast their state's vote for Franklin Pierce
By a margin of 2-1 Wisconsin's delegation cast their vote for Salmon Chase[7]
Final tally: Chase 14 Franklin Pierce 13 Fillmore 4 with 1 no selections.

The first round of voting had produced no winner & some interesting results. Fillmore had lost delegates in both north & south, ironically because his middling position on slavery, designed to appeal to both sides, actually had the effect of making each side view him as too close to their rivals then themselves. However what support he did have was proving difficult to move either way. They viewed Chase too much of a radical abolitionist for the south to accept whereas Pierce just too disliked to be a viable option. And so the vote was ruled inconclusive & so another votes was scheduled which produced the same result.

From February the 11th to the 25th the house cast over 100 votes[8] all of which produced inconclusive results. As inauguration day drew nearer, there began to be a sense of urgency among the Opposition party as well as some northern Know Nothings as they began to deal with the increasingly likely scenario that if they wouldn't select a winner by March 4th at which point the the radically pro-slavery Breckinridge would be elevated to the presidency. This caused a split among the anti-Democrat coalition as to what to how to proceed. Some argued that they should transfer their vote to Fillmore, reasoning that his more moderate stance backed up by the Know Nothings general disinterest in the issue of slavery would make them easier to work with over the next four years. This idea met strong opposition. Some resisted on ideological grounds, passionate abolitionists not being able to bring themselves to vote for someone who had so firmly enforced the fugitive slave act. Others made a more pragmatic argument, that Breckinridge's staunchly pro-slavery views would galvanize the anti-slavery forces making him easier to defeat in 1860. The anti-Democrat coalition couldn't reach a consensus & while some northern delegation did flip to Fillmore in later votes it wasn't enough & with Democrats standing firm in continuing to cast their votes for president Pierce there was nothing they could do.

And so it was that on March 4th 1857 John C Breckinridge swore two oaths. First the oath to become vice president than since neither the electoral college nor the House of Representatives could decide who was the rightful winner of the election, the oath swearing him in as the 15th president of the United States both of which were administered by Chief Justice Roger B. Taney. It was notable for many reasons. It was the first such ceremony known to be photographed.[8] Breckinridge was also the first president from Kentucky. He was also the youngest man to ever become president, being sworn in at just 36 years of age only one year above the constitutionally required minimum. More importantly, it was the first time that the vice presidential nominee had been elevated to the presidency due to the inability to determine the winner of the presidential election in either the electoral college or the House of Representatives, a sequence of events that the average American didn't even know was possible.

In his inauguration speech, Breckinridge reinforced the constitutionality of both the Fugitive Slave act as well as his personal support for the Kansas-Nebraska act as well as the concept of Popular Sovereignty as a whole. He also alluded to an case that was pending before the Supreme Court, Dred Scott v Sanford which he said "should settle once and for all inability of Congress to infringe upon one's personal property". He also addressed the situation in Kansas, strongly condemned the Free-Soil legislation in Lecompton as "a pack of charlatan's attempting to undermine the democratic process with their unlawful gathering". He spoke in favor of looking into the U.S establishing colonies in Africa[9] & linked that with a promise to expand the navy. He concluded by stressing the need for a strict interpretation of the Constitution while as the only safe way to operate the Federal Government, though he also defended Congress appropriating funds for a Trans-Atlantic railroad calling vital to the protection of America's interests in the Western Coast.

Little did the new president suspect however however that the same court case he had invoked during his speech would set the tone for his entire term in office...& not nearly in the way that he'd hoped.

1. While i couldn't find much information on the 1856 House election, what results i found regarding Tennessee showed some opening for the Know Nothings OTL. TTL Fillmore's better performance put those Know Nothings over the top.
2. Connecticut's delegation was entire;y made up of Know Nothings but as northern members of the party largely rejected Fillmore i decided that most of their delegation would vote for Chase.
3.I couldn't find much on the gentlemen from Delaware's politics so i just had him back his party's nominee.
4.Iowa's delegates in this congress was made up of a Democrat & a Whig.
5. Texas' delegation was one Know Nothing & one Democrat.
6. OTL Wisconsin's delegates were delayed by a snowstorm & their votes had to be counted several days after everyone else. TTL they manage to make it on time.
7.During the election of 1800 the House cast 35 votes in 5 days while trying to decide between Jefferson & Burr. As i'm more then tripling the amount of time the House would be deadlocked i also tripled the number of votes they took.
8. A view Breckinridge had OTL.
 
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Great update! I'm very interested to see what President Breckinridge will do.

I'm also looking forward to seeing what the ACW will look like in this TL. (assuming you plan on taking the TL that far).
 
By a margin of 3-2-1[5] Maryland's delegation cast their vote for Salmon Chase
Not in a million years. Maryland is a slave state; With the possible exception of Henry Davis, its Representatives would no more vote for a radical Abolitionist than for a Mormon. Also, 3 of 6 is not a majority, and cannot cast the state's vote.
 
Not in a million years. Maryland is a slave state; With the possible exception of Henry Davis, its Representatives would no more vote for a radical Abolitionist than for a Mormon. Also, 3 of 6 is not a majority, and cannot cast the state's vote.
My thinking was Davis -who would go on to become a Radical Republican- would be joined by James Ricaud -who got a judgeship from a governor who was elected on the Union party ticket- as well Hoffman who i remembered received an appointment from Lincoln (though it wasn't as impressive as i recalled) who would vote for the Republican while the remaining Know Nothing would stick with Fillmore while the two Democrats voted for Pierce. As for three giving the state to Chase, i guess i just assumed it was a "first past the post thing" because that's how elections work in America.

So who should have won Maryland? Fillmore or Pierce?
 

marktaha

Banned
My thinking was Davis -who would go on to become a Radical Republican- would be joined by James Ricaud -who got a judgeship from a governor who was elected on the Union party ticket- as well Hoffman who i remembered received an appointment from Lincoln (though it wasn't as impressive as i recalled) who would vote for the Republican while the remaining Know Nothing would stick with Fillmore while the two Democrats voted for Pierce. As for three giving the state to Chase, i guess i just assumed it was a "first past the post thing" because that's how elections work in America.

So who should have won Maryland? Fillmore or Pierce?
If 3-2- 1 - neither.
 
Welcome folks, to the Breckinridge Administration.
Due to the unorthodox way he was elevated to the presidency, President Breckinridge wasn't given the usual months-long grace period to select the members of his cabinet. Suddenly thrust into the highest office in the land the new president began the delicate task of staffing his administration. The matter of the vice presidency was beyond his control as there was no agreed upon method to fill the role in these unique circumstances His first decision was to honor former president Pierce's agreements with Buchanan who returned as Secretary of State & Douglas who was granted his requested position of Attorney General. Jefferson Davis would be retained as Secretary of War as a nod to those Democrats who had resisted the Compromise of 1850 (the original reason president Pierce had appointed him in 1852) as well as to provide a sense of stability & continuation between the Pierce & Brecinridge administrations. As a balancing gesture, the prominent Southern Unionist & Georgia representative Howell Cobb [1]was appointed Secretary of the Treasury. After a strong endorsement from Douglas, former Illinois governor William Alexander Richardson was given the role of Postmaster General. At the recommendation of outgoing president Pierce Issac was appointed Secretary of the Navy[2] as a way to include New England in the cabinet. Finally Arkansas senator & chair of the Committee on Indian affairs, William King Sebastian was appointed Secretary of the Interior.

With his government in place, President Breckinridge could begin tackling the myriad of issues confronting the nation. Chief amongst them was the verdict handed down by the Supreme Court mere days into his term in the case of Dred Scott v Sanford.

The Breckinridge Cabinet.
President: John C Breckinridge

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Vice President: Vacant.
Secretary of State: James Buchanan

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Secretary of the Treasury: Howell Cobb
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Secretary of War: Jefferson Davis
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Attorney General: Stephan Douglas
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Postmaster General: William Alexander Richard
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Secretary of the Navy: Issac Toucey
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Secretary of the Interior: William King Sebastian
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1. The same post he held in the Buchanan administration OTL
2. Same as above.
 
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My thinking was Davis -who would go on to become a Radical Republican- would be joined by James Ricaud -who got a judgeship from a governor who was elected on the Union party ticket- as well Hoffman who i remembered received an appointment from Lincoln (though it wasn't as impressive as i recalled) who would vote for the Republican...
Affiliation with the Union or even the Republicans after the secession crisis and the start of the war definitely is no proof of any toleration of abolitionism beforehand. Andrew Johnson was as Unionist as they come, but he had no particular dislike of slavery and campaigned for Breckinridge in 1860. Even among Free-Soil Republicans, there was much resentment of abolitionists as makers of unnecessary trouble.
...while the remaining Know Nothing would stick with Fillmore while the two Democrats voted for Pierce. As for three giving the state to Chase, i guess i just assumed it was a "first past the post thing" because that's how elections work in America.
Oddly, the 12th Amendment says nothing about how a state's vote may be cast. 1824 is no guide; there was a majority in every state delegation. All the Amendment says is that a quorum must include at least one Representative from 2/3 of the states, and that a majority of the whole number of states is required to elect.

By the strict language of the Amendment, a quorum today could consist of one Representative each from 34 states, and 26 Representatives could elect the President.
So who should have won Maryland? Fillmore or Pierce?
Fillmore.
 
Others made a more pragmatic argument, that Breckinridge's staunchly pro-slavery views would galvanize the anti-slavery forces making him easier to defeat in 1860.
Way too gimmicky. The immediate destructive effects of Breckinridge's Presidency (from their point of view) would far outweigh any long term gamble of that sort. For one thing, Breckinridge could appoint Supreme Court Justices, who would remain on the bench after 1860.
 
Way too gimmicky. The immediate destructive effects of Breckinridge's Presidency (from their point of view) would far outweigh any long term gamble of that sort. For one thing, Breckinridge could appoint Supreme Court Justices, who would remain on the bench after 1860.
Well i did say some switched their votes to Fillmore doubtlessly making the argument you are now, that whatever gains they'd make in 1860 wouldn't be worth the damage caused in the interim. However i maintain that atl east some of them would be practical/pragmatic enough to argue that they could undo the damage after winning in four years. Also Fillmore was apparently very unpopular among anti-slavery forces due to his enforcement of the fugitive slave act & i imagine many wouldn't be able to vote for him out of principle (that's what they'd call it anyway).

Also thanks for answering the earlier question, i've made the appropriate change.
 
Dred Scott v Sandford.
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The early life of the Dred Scott has been lost to history. What is known is that he was born a slave in Virginia sometime in 1799. His first recorded action is, along with 5 other slaves, being moved to a farm in Huntsville Alabama by their owner Peter Blow. Blow retired from farming in 1830 moving himself & his slaves to St Louis Missouri where he sold Scott to U.S Army surgeon Dr John Emerson who would take him to Fort Armstrong in Illinois. Illinois had been free as a territory under the Northwest Ordinance of 1787 & had taken the step of prohibiting slavery in its constitution when it achieved statehood in 1819. After 6 years in Illinois Emerson was reassigned to Fort Snelling in the Wisconsin territory which was also free due to the Missouri Compromise of 1820. During this time Scott married Harriet Robinson in a civil ceremony held by her owner, Major Lawrence Taliaferro, a justice of the peace who doubled as an Indian agent. Scott's supporters would point to the ceremony as proof of his status as a freeman as slave marriages had no recognition under the law.

In 1837 the army ordered Emerson to Jefferson Barracks Military Post located south of St Louis. Emerson chose to leave Scott & his wife in at Fort Snelling, where he leased their services for profit. By doing so, Emerson effectively brought the institution of slavery into a free state, a direct violation of the Missouri Compromise, the Northwest Ordinance as well as the Wisconsin Enabling Act of of 1846. Before year's end, Emerson would again be reassigned, this time to Fort Jessup in Louisiana where he would marry Eliza Irene Sanford in February of the following year. Emerson would send for Scott & Harriet to serve their master & his new wife. It has been noted that Scott could have sued for his & his wife's freedom upon entering Louisiana with some scholars predicting success based of the states reputation of honoring free state laws stating that bringing a slave to a free state for an extended period amounted to forfeiting their claim. Within months Emerson would be transferred back to Fort Snelling, while in route Harriet would give birth to a daughter Eliza on a steamboat riding the Mississippi river between Illinois & what would become Iowa. This technically meant that Eliza was born free under both state & federal law. By 1840 Emerson was sent to fight in the Siminole war while Irene took the Scotts to St Louis where she continued to lease out their services. Emerson woud retire from the army in 1842 & would pass away the following year in the Iowa territory at which point the now widowed Irene inherited his entire estate including the Scotts. For the nest 3 years she would continue to lease the Scotts out as slaves untill in 1846 Dred would attempt to purchase his family's freedom, an offer which she rejected causing Scott to pursue legal action.

On April 6th 1846, Dred Scott filed separate petitions requesting the freedom of himself & his wife in the Circuit Court of St Louis county. The Scotts received financial backing from Charlotte Charless, formerly Blow, the daughter of Dred's previous owner Peter Blow. Her husband, Joseph Charless was an officer at the Bank of Missouri & had signed legal documents as security for the Scotts. They also helped secure legal representation for the Scotts after their first lawyer Francis B Murdoch, a prolific freedom suit attorney had his mortgage foreclosed & his house sold by the sheriff forcing him to move away, with the Charless' first bringing in Charles D Drake an in-law of the Blow family & then Bank of Missouri lawyer Samuel Mansfield Bay when Drake also left the state. Emerson was represented by George W Goode a pro-slavery from Virginia. Scott's supporters had reason to be confident as by 1846 dozens of slaves had won their freedom in the state, often citing that they or in some instances their parents had spent time in free states. There were also powerful precedents that strongly mirrored Scott's own life. Winny v Whitesides explicitly ruled that a slave who was brought from Illinois to Missouri was free by virtue of their time in the free state while in Rachel v Walker the Missouri Supreme Court ruled that a U.S Army officer who took a slave to a military post in a territory where the practice was outlawed has "forfeited his property". That the fort in question was none other than Fort Snelling may have struck some as an act of fate. That the trail was reassigned from Judge John M Krum who as known to be pro-slavery to Judge Alexander Hamilton who was know to be more sympathetic in freedom suits likely provided am additional boost to the confidence of the Dred team.

On June 30th 1847 the case of Dred Scott v Irene Emerson finally went to trial. Charlotte's brother Henry testified to the facts that their father had indeed owned Dred Scott as well as sold him to Dr Emerson. Several people who had known Scott & Emerson during their time at Forts Armstrong & Snelling clearly established Scott's time spent in free territories & a grocer Samuel Russel was brought in to testify that he had hired the Scotts from Irene. However upon cross examination he revealed that the arrangement was made by his wife Adeline which caused his testimony to be ruled as hearsay & the jury to return a verdict in favor of Emerson. This put Scott in the paradoxical position of being forced to remain Emerson's slave because he couldn't prove that he had previously been her slave. Bay immediately filed for a new trial arguing that the defeat in the first was based on a technicality instead of the facts. Judge Hamilton granted the request in December only to have Goode file a bill of exceptions. The case was taken on writ of error to the state Supreme Court where Scott's new lawyers Alexander P Field & David N Hall were able to have it unanimously dismissed arguing it was inappropriate as the lower courts hadn't issued their final judgement yet.

Prior to the state Supreme Court's verdict Goode had moved to have Scott taken into custody & hired out which Judge Hamilton agreed to on the conditions that anyone how hired Scott had to pay a bond of 600 dollars & the wages he earned be placed in escrow & awarded to the winner of the lawsuit. Scott was then "hired" by one of his lawyers & remained as such until March 18th 1857. After a number of delays including the St Louis fire of 1849 & a cholera outbreak the case came to trial in January of 1850 with Scott still defended by Field & Hall, Emerson now being defended by Hugh A Garland & Lyman D Norris with Judge Hamilton still presiding. Many of the same witnesses were called although this time Adeline Russell was present to testify how she had hired the Scotts from Emerson who she testified referred to the couple as her slaves. Changing tactic Emerson's team argued that their client had every right to hire out Dred Scott as he was living under military jurisdiction at the time instead of civil law. Hall rebutted that Scott's living on military posts didn't matter & pointed out the Dr Emerson left Scott behind after being reassigned to another post. The jury quickly returned a verdict in Scott's favor with Judge Hamilton ruling that Harriet & their daughters Eliza & Lizzie were free as well. Garland's call for a new trial was was overruled resulting in another bill of exception & another trip to the state Supreme Court. Council for the opposing sides agreed that only Dred's suit would be advanced while the ruling would be applied to Harriet's suit as well. around this time, Irene Emerson moved to Springfield Massachusetts leaving her estate in the hands of her brother John F.A Sanford,

The briefs were filled with the Missouri Supreme Court in March but a backlog of cases delayed the trial until October where the 3 judges ruled unanimously that Dred Scot remain a slave.However Justice William Barclay Napton delayed writing the courts opinion so long that after he & Justice James Harvey were defeated in Missouri's first supreme court elections the case had to be tried again. David Hall had passed away in march of 1851 leaving Field to submit the same briefs used in 1850 by both sides. A decision was reached but before the verdict was handed down Lyman Norris, one of Emerson's co-defenders, obtained permission to submit a new brief he had prepared. In it he cited Chief Justice Roger B Tawney's opinion in the United State Supreme Court case Strader v Graham in which he argued that the status of a slave returning to a slave state from a free state was up to the slave state to decide. He then went further outright questioning the applicability of the Northwest Ordinance & Missouri Compromise & challenging "once free always free" as a concept. With this new brief submitted the court delivered its verdict. By a vote of 2-1 Dred Scott would remain a slave & the verdict of the verdict of the trial court was to be overturned. Giving the majority opinion, Justice William Scott argued....

"Every State has the right of determining how far, in a spirit of comity, it will respect the laws of other States. Those laws have no intrinsic right to be enforced beyond the limits of the State for which they were enacted. The respect allowed them will depend altogether on their conformity to the policy of our institutions. No State is bound to carry into effect enactments conceived in a spirit hostile to that which pervades her own laws."

Though he affirmed the constitutionality of the Missouri Compromise & that its prohibition of slavery was "absolute" he said this was only in the specified territory. Thus, he argued, a slave crossing the border could obtain their freedom but only within the court of the free state. The day after the courts decision, Irene Emerson's lawyers filed an order in the St. Louis Circuit Court for the bonds signed by the Blow family to cover the Scotts' court costs; return of the slaves themselves; and transfer of their wages earned over four years, plus 6 percent interest which Jude Hamilton denied. By this point, the Blow family could no longer afford to keep paying Scott's legal fees & Alexander Field moved to Louisiana. However a lawyer named Roswell Field (relation to Alexander unknown) agreed to work on the case pro bono. After reviewing the case thus far a new tactic was deployed. In 1853 Scott sued John Sanford again but this time in federal court. In addition to the existing complaints, Scott also alleged that Sanford had assaulted his family and held them captive for six hours on January 1, 1853. The trial would occur in New York but any hopes that the northern court would be more amenable to their arguments were dashed as the judge instructed the jury to consider Missouri law in their decision which resulted in them ruling in Sanford's favor. With no other option, Scott decided to appeal to the United States Supreme Court. Scott would be represented by Montgomery Blair & George Ticknor Curtis while Sanford, whose name was misspelled as Sandford on the file, was represented by Reverdy Johnson & Henry S Geyer.

On March 6th 1857,a mere two days after John C Breckinridge was sworn in as president, the court delivered its verdict & the effects would be felt throughout the nation. By a vote of 7-2 the Supreme Court ruled against Dred Scott. But it was the argument put forward by Chief Justice Roger Taney that drew all the attention. Speaking for the majority he argued that black people could not be American citizens & therefore a lawsuit to which they were a party could never qualify for the "diversity of citizenship" required that Article 3 of the constitution required to have jurisdiction over cases that didn't involve federal questions. He proceeded to laws involving the status of black Americans at the time of the Constitution's drafting in 1787, stating that they demonstrated that a "perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery". Thus he restated that black people could not be American citizens & therefore could not sue in federal courts meaning that U.S. states lacked the power to alter the legal status of black people by granting them state citizenship.

Had he stopped there, his arguments would've still been controversial but the Chief Justice pressed on, assessing the constitutionality of the Missouri Compromise. He argued that the Compromise's legal provisions to free the slaves living north of the 36N dividing line constituted the government depriving slaveholders of their property without due process which was forbidden by the 5th amendment. Thus he ruled that the Missouri Compromise was unconstitutional marking the first time since 1803 that the Supreme Court had struck down a federal law. He went further still by asserting that Congress had overstepped its authority by barring slavery in the Northwest Territory as iw was not part of the United States when the constitution was ratified thus Dred Scott's time in the Northwest above the 36N line held no bearing on his status as a slave.

Reactions to the ruling were diverse & spread largely along party lines. One of he two dissenters Associate Justice Benjamin Robbins Curtis, so exhausted with the fraught atmosphere of the court, strongly considered resigning but was talked out of it by the second dissenter Associate Justice John Mclean[1]. Abe Lincoln, as did many Republicans, regarded the ruling as part of a ploy to expand & eventually impose slavery throughout the territories. Lincoln rejected the court's majority opinion that "the right of property in a slave is distinctly and expressly affirmed in the Constitution," pointing out that the constitution did not ever mention property in reference to slaves instead referring to them as "persons". When southern Democrats accused Republicans of being lawless rebels who were attempting to provoke disunion by challenging the Court, Lincoln responded...

"We believe, as much as Judge Douglas, (perhaps more) in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendment of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this. We offer no resistance to it."[2]

Meanwhile America's premier black abolitionist Fredrick Douglas accused Taney of presenting reason which ran contrary to the vision of the Founding Fathers 7 denounced the ruling as unconstitutional. He then predicted that political conflict was now unavoidable, saying...

"The highest authority has spoken. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience.... [But] my hopes were never brighter than now. I have no fear that the National Conscience will be put to sleep by such an open, glaring, and scandalous tissue of lies..."

Meanwhile Secretary of War Jefferson Davis spoke for many in the south when he said the case merely "presented the question whether Cuffee [a derogatory term for a black person] should be kept in his normal condition or not . . . [and] whether the Congress of the United States could decide what might or might not be property in a Territory–the case being that of an officer of the army sent into a Territory to perform his public duty, having taken with him his negro slave".[3]

Now America waited to see how the Breckinridge administration would proceed with this ruling that spoke so strongly in favor of the rights of slaveholders. The nation wouldn't have to wait long.

1. OTL he did retire at the end of the following September.
2.An actual quote he gave in a speech at Springfield Illinois
3. An actual quote from his time as a senator OTL,
 
Kansas Bloody Kansas.
(Authors note: I want to acknowledge Red_Galiray who's story "Until Every Drop of Blood is Paid" helped inspire the content of this chapter.)

The Kansas Territory had been a source of great stress for President Pierce during the latter half of his administration. Even before he signed the Kansas-Nebraska Act into law, supporters of both sides of the slavery debate poured into the territory determined to claim it for their side. The New England Emigrant Aid Company had helped hundreds perhaps thousands anti-slavery farmers move across the country to ensure Kansas' future as a Free-State most famously the Connecticut born Gospel minister John Brown. But it for as many had made the long trek, they were outnumbered by thousands upon thousands who poured across the border of Missouri eager to welcome their neighbor as a fellow slave state.

Perhaps inevitably, violence erupted when on November 21, 1855 pro-slavery settler Franklin Coleman shot & killed Free-Stater Charles W. Dow igniting what would become known as the "Wakarusa War" which would continue for the rest of the year, though thankfully violence was limited with only one other life lost before the two sides came to an agreement in December. Sadly the peace did not last long. Merely 5 months later to the day on May 21, 1856 Douglas county sheriff Samuel J.Jones lead 300 pro-slavery settlers into the city of Lawrence where they burned the Free State hotel -which would result in the raids only casualty when a piece of the crumbling hotel fell on one of the arsonists killing him-as well as the home of the leader of the Free-state government Charles L. Robinson. The mob would also halt production of the newspapers the "Kansas Free State" & the "Herald of Freedom" though the latter would eventually resume production. They would then loot the abandoned town even taking a cannon named "Old Sacramento".

No one was ever tried for what became known as the "Sacking of Lawrence" but there would be consequences. The next day John Brown Jr, hearing of the violence in Lawrence, as well and already angered by the merciless Caning of Charles Sumner by Preston Brooks, would lead a free-state company towards the town to render what aid they could. They would stay in the vicinity for an entire day before deciding to return home. It was then that John Sr would decide to lead 4 of his other sons -Fredrick, Owen, Salmon & Oliver- as well as Thomas Wiener & James Townsley on a private expedition. John Jr objected at first but ultimately consented telling the band to "do nothing rash". Late on the evening on the 24th the band would invade the home of James P. Doyle taking him & his adult sons William & Drury, all members of the pro-slavery Law and Order Party, as prisoners escorting them out into the darkness where Fredrick & Owen hacked them to death with broadswords with John shooting James in the head to ensure his death.

From there they then traveled to the home of Allen Wilkinson where Wiener & Townsley stabbed him to death. Finally they crossed the Pottawatomie creek & stormed the house of James Harris some time after midnight. Harris had 3 house guests. James S. Wightman, Jerome Glansville & William Sherman the brother of militant pro-slavery activist "Dutch" Henry Sherman. Harris & Glansville were interrogated on whether they had threatened free-state settlers or had participated in the violence at Lawrence. Satisfied with their denial, Brown's men allowed the two men to return to the cabin but Sherman was taken & hacked to death. The "Pottawatomie massacre" as it came to be known was loudly denounced by pro-slavery forces in the south with even some abolitionists condemning it with Fredrick Douglas calling it "a terrible remedy for a terrible malady"

Nevertheless it served to provide valuable momentum for the free-state forces who would, under Brown's leadership, defeat the pro-slavery forces at the "Battle of Black Jack" on June 2nd. August would prove to be the height of the free-stater's success during the period. On the 12th James H. Lane would lay siege to Franklin's Fort reclaiming "Old Sacramento" On the 13th Brown would lead a raid on the neighborhood of the Reverend Martin White, a pro-slavery activist who had condemned the "Pottawatomie massacre". On the 16th Samuel Walker would lead 400 men in the destruction of Fort Titus. But the violence would come to a head at the "Battle of Osawatomie". It was in the morning of August 30th 1856 that John W. Reid would lead 400 men[1] into the abolitionist settlement on the edge of the Marais des Cygnes River. The city had been the victim of a pro-slavery raid early in the summer of 1856, and many of the original residents had fled east. The approximately two hundred people who still lived in the town in August were constantly afraid of another attack by Border ruffians, in large part because of the presence of the notorious John Brown and his use of the town as a headquarters & was doubtlessly the target of their search. However the only Brown in the city was John's son Frederick who managed to slip away to warn his father.[2]

Brown, perhaps worried for his half-sister Florella with whom he & his family were staying, spent the rest of the day gathering troops from the nearby area with the total approaching 200 men. With is force assembled, Brown would launch a daring nighttime assault[3] on the Missourian invaders who had made camp in & around the town determined to capture the Brown family when they returned. Catching the occupiers off-guard, Brown's men emerged from the woods & descended on Reid's company so quickly they couldn't deploy the cannon they'd brought with them. When the townsfolk realized what was happening many grabbed their own weapons & joined in the battle. After putting up a brief but fierce fight the Missourians abandoned the city.

This would prove to be the height of the free-stater's success during the period of "Bleeding Kansas" as well as a turning point in the career of territorial Governor John W. Geary. Initially the Mexican war general had attempted to be a neutral arbiter & had turned away several petitions from the abolitionists he deemed to radical, but after the Sack of Lawrence & now the occupation of Osawatomie by pro-slavery forces, he had become more agreeable to their arguments, even blaming the pro-slavery activists for the deprivations of the territory. This decision was no doubt helped his constant clashing with the pro-slavery legislature in Lecompton. This culminated in his working with the Free-state legislature in Topeka to create a plan to have Kansas admitted as a free state with himself at the head of a Democratic government. What Governor Geary didn't realize was that he may have sealed his political fate. Not only did the Democratic majorities in both houses reject his proposal out of hand, it lead to many to call for his removal from office. And so when Geary submitted his resignation to the newly sworn in Breckinridge fully expecting to be reappointed, he was informed his resignation had been excepted with Benjamin Franklin Stringfellow[4], a former Missouri Attorney General & outspoken supporter of the pro-slavery forces in Kansas appointed his successor.

Stringfellow's first act upon assuming office was to reiterate the position of the Pierce administration, maintained by the Breckinridge administration, that the Lecompton legislature was the lawful government of the territory & call for a referendum of the constitution it had written. However the referendum was phrased as a question of a "Constitution with slavery" or a "Constitution without slavery" with the later only forbidding further importation of slaves into the territory which would have been extremely difficult if not impossible to enforce. The outraged Free-state forces vowed to boycott what they deemed an illegitimate referendum. This naturally led to the Lecompton being overwhelmingly approved. Despite the boycott, as well as the widespread allegations of fraud, Governor Stringfellow submitted the constitution to Congress where it recieved President Breckinridge's endorsement. He was challenged in this by Attorney General Stephan Douglas who was driven by a fear that if the Lecompton constitution was passed in such controversial fashion, it would create a backlash that would result in a route of northern Democrats. Nevertheless it passed in the senate 33-25 with two democrats defecting. It faced a more contentious debate in the House with Douglas said to have been rallying support among northern Dems to vote down the constitution. Regardless it passed narrowly with a final vote of 121-98. On March 29th 1858 President John C. Breckinridge signed a resolution welcoming Kansas into the Union as the 32nd state & more specifically as a slave state.

The admission of Kansas into the union would see the end of the violence that had plagued its final years as a territory. Free-staters angered by the methods used to secure Kansas' entry into the Union would disperse, with John Brown famously declaring "We may have failed to stem the halt the march of slavery into Kansas but with God as my itness it shall take not one step more west!" & indeed "Bleeding Kansas would not be the last America heard of John Brown. But the fact remained after nearly 4 years of bloodshed, Kansas was at peace...

But at what cost?

1.Reports vary how many men he had under his command. I went with the highest for drama.
2. OTL he tried to approach them & was killed.
3. OTL Brown attacked in broad daylight with about 40 men.
3.Robert J. Walker OTL.
 
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Panic sets in.
As the nation was dealing with the political fallout of the Dred Scott case, it slowly became clear to those who knew how to read the signs that the ruling would have economic consequences as well. The boom that had marked the early 50's had already slowed as the California goldmines began to dry up, causing bankers & investors throughout the western United States to grow cautious in their dealings. Likewise banks in the eastern half of the country became hesitant to issue loans with the most cautious among them refusing the paper currency used by their western counterparts.

The Supreme Courts verdict heightened an already somewhat tense situation. Ever since the Missouri Compromise of 1820 the territories above the 36th parallel had been Free Soil by default. With that act now deemed unconstitutional, those lands stood, hypothetically, to see an influx of unpaid slave labor which stood to upend the economy that had formed over the past three decades. These effects began to be felt not long after the verdict with prices for both Kansas land warrants & western railroad securities dropping slightly. This proved especially problematic for the so-called "paper railroads" those companies who never progressed to the point of owning any of the physical assets one would expect of a railroad company. Despite the high number of such companies the booming industry saw an ever increasing number of speculative investors causing stock to experience a bubble. By July 1857 this bubble was ready to burst.

That burst would begin on August 11th when N.H. Wolfe and Company, the oldest flour & grain company in New York city, failed shaking the confidence of investors & triggering a selling-off that would continue throughout the month. This was followed by the president of Ohio Life Insurance and Trust Company announcing on August 24th that the company's New York branch, which housed the company's second main office & held large mortage holdings in addition to serving as a liaison to other Ohio banks, would be suspending operations. The truth was more drastic, fraudulent by company management had left the entire enterprise bankrupt threatening to drag banks throughout the state with it, perhaps even creating a run on the banks. Thankfully this was avoided as the banks connected to Ohio Life were bailed out, b regardless the affair brought more eyes to the state of the financial state of the railroad industry, causing yet more panic to spread.

By spring the following year, the once thriving industry had been shattered with the Illinois Central, Erie, Pitsburgh, Fort Wayne and Chicago & Reading Railroads all forced to shutdown by financial downturn with the Delaware, Lackawanna and Western Railroad and the Fond du Lac Railroads likewise being doomed to bankruptcy. The banks who had financed these railroads were hit harder when farmers began to default on payments on their mortgaged lands in the west. The banks responded to this development by foreclosing on recently purchased lands. The farmers that escaped initial foreclosure were still battered by plummeting prices for their goods. Grain that had cost $2.19 a bushel in 1855 now went for only $0.80 a bushel. Even the land itself lost its value with some towns reporting that once brought $ 1.000 could not even be sold for $10. Thousands of properties slipped into tax delinquency as their hard hit owners were unable to pay their taxes.

One area spared the worse effects of what would become known to history as the "Panic of 1857" would be the slave-holding south. Their largely-agrarian economy had shunned large scale industrialization & as such had but few railroads in the whole region. Many southerners took a grim satisfaction in this development, seeing it, as well as the devastation of the Great Lakes economy, as proof that America needed a slave holding south to maintain a stable economy. One positive effect produced in this period was a dampening of southern threats of succession as southerners, particularly those in the political class, predicted that the economic turmoil would "make northerners more amenable to southern demands". President Breckinridge was one such man & took this, in conjunction with the Dred Scott ruling, to call for an end on the matter of slavery declaring that...

"The issue of slavery has been irreversibly settled. The Supreme Court has not only unequivocally declared its legality but revealed the illegality of attempts to halt it. Likewise the recent economic distress has proven beyond measure the value of slavery's existence to America's national prosperity."

For his part, the President would largely place blame for the panic on paper currency, dismissing arguments that placed blame on the Tariff of 1857 signed into law by President Pierce on his final day in office. On the advice of Treasure Secretary Cobb., the President would urge states to restrict banks to a credit of $3 to $1 of specie as well as suggest to Congress to pass legislation calling fpr immediate forfeiture of a bank's charter if they suspended specie payments.. He would also restrict the Federal government to merely paying its own debts as he asserted it was beyond the government's authority to offer relief to citizens.[1]

While the Panic would level off in 1859, the American people would deal with the fallout for years to come. Likewise would they carry the memories of President Breckinridge & the Democrats lack of action. And in the midterms they would carry these memories into the voting booth as well as memories of another debacle that had befallen the Breckinridge administration, this one coming from the sand covered dunes of the Utah territory.

1. The same measures as Buchanan OTL.
 
Bloodshed in the State of Deseret.
Ever since being founded in western New York in the year 1830 the Church of Jesus Christ of Latter-day Saints had been defined by two things. Their quest to find a place to belong & the violence that seemed to inevitably flare up whenever they tried to settle down anywhere. It had started in 1833 when the Mormons had been evicted from their initial settlement in Jackson County Missouri, forced to spread out to the neighboring counties. Tensions continued before finally erupting in the so-called "Missouri Mormon War" of 1838 which ended with Governor Lilburn Boggs to issue what was called an extermination order declaring that if the Mormons who did not leave the state would be executed.

Cast out, John Smith led his followers to the town of Quincy Illinois. Here they would regroup, eventually founding their own town which they named Nauvoo, a Hebrew word which can be translated as "beautiful". It was in Nauvoo that the prophet Joseph Smith would flush out the doctrines of the faith, introducing rituals such as baptism for the dead. All was well until 1842 when their old nemesis Lilburn Boggs survived an assassination attempt. Though the evidence was circumstantial, he was convinced it had been done on Smith's orders & issued a warrant for the Mormon leader's arrest. After a series of events that carried into the following year, the move to extradite Smith to Missouri was finally defeated by a writ of habeas corpus issued by the Nauvoo municipal court.

Smith wouldn't have long to enjoy his victory as on June 7, 1844 dissidents from the church published a newspaper calling for reform in the church, decrying the practice of polygamy & even calling for Nauvoo's city charter be repealed. Fearing an anti-Mormon backlash, the city council dispatched the Nauvoo Legion, the cities state-authorized militia, to destroy the paper. This ironically caused the very backlash which the council had been trying to prevent. When Smith placed the city under martial law, governor Thomas Ford appeared with a detachment of state militia threatening to raise a larger force is Smith & the city council didn't surrender. On June 23rd, Smith & his brother Hyrum rode to Carthage Illinois & submitted themselves to the authorities. Four days later a armed mob descended on the jail murdering the two men. As Hyrum was Joseph's chosen successor, this created a leadership crisis in the church.

Into this crisis stepped Birgham Young. A member of the faith since 1832, Young had advanced rapidly in the church's hierarchy being named to the Quorum of the Twelve Apostles in 1835 & appointed "presidency pro tem" in 1838. When Sidney Rigdon, citing his status as the senior surviving member of the First Presidency, moved that there could be no successor to the deceased prophet and that he should be made the "Protector" of the church, Young argued back siting a revelation by Sit where he proclaimed that the two bodies were "equal in power & authority". On this basis, Young argued it fell to the Twelve Apostles to lead the church. The majority agreed with Young & he was proclaimed the new president of the church. Two years into his leadership, Young issued a decree that his followers were to relocate to Salt Lake Valley which was at the time under Mexican rule. When asked why he had selected such a seemingly inhospitable location he replied...

"We have been kicked out of the frying-pan into the fire, out of the fire into the middle of the floor, and here we will stay. God has that this is the spot to locate his people, and here is where they will prosper."

Three years after arriving in the valley, Young would receive a significant boost to his power from a perhaps unexpected source. As part of the Compromise of 1850, Congress created the Utah Territory from land taken in the Mexican-American War. As a founder of Salt Lake City, Young was tapped by President Milford Fillmore to be both the territories governor as well as superintendent of American Indian affairs on Feb 3, 1851. Over the next six years Young would authorize settlements throughout the territory as well as initiating a series of infrastructure projects. In a morbid reversal, he would also authorize the territorial militia to engage in a series of wars of aggression against the local tribes culminating in "Wakara's War" in 1853.

However Young's ardent support of the territory as a purely Mormon settlement would cause friction with the federal government. Stories of the communitarian practices offended the nation's sense of laissez-faire economics while the tales of Young enforcing theocratic rule through use of a militia called the Danites horrified a nations whose citizens so fiercely clung to their democracy. Not helping was the occasionally combative relationship between the Young government & federal representatives. Though all territories were subject to federal oversight, the Mormons chaffed answering to a government many felt had chased them from their homes in the east. Governor Young spoke for many when he said...

"I love the government and the Constitution of the United States, but i do not love the damned rascals that administer the government."

As early as 1852, there were calls for an impartial committee to ascertain the true status of the territory. These calls persisted even until the inauguration of president Breckinridge. The new administration was keen to get Utah under control so that it could issue a request for statehood as it seemed likely Utah would enter as a slave state. It was this desire, and perhaps his own distaste for the Mormon faith, that president Breckinridge decided to take decisive action on the Utah question. First he appointed a new governor fellow Kentuckian James Guthrie[1] who had served as Treasury Secretary under president Pierce. While Young would be made aware of the change of territorial administration through press releases he would not receive official notification he had been relieved of his position until Guthrie arrived in person to assume his new office. To complement his new governor, president Breckinridge ordered a force of 2,500 troops to act as a posse comitatus. These troops were given strict orders to not launch an offensive but they were given permission to defend themselves.

The Utah Expedition was troubled from the start. The original commanding officer, General William S Harney was stationed in Kansas at the time he received orders & a flare-up of violence forced him to stay behind. Also retained in Kansas was the 2nd Dragoons which was meant to serve as the expeditions cavalry. The overall command was then reassigned to Col. Albert Sidney Johnston who would lead the force into Utah[2]. Worse yet when they departed July was well into camping season & the supply trains were not prepared for the Rocky Mountain winter. They were also sent in without clear instruction on how to respond in the case of resistance.

When news of the approaching force arrived in the territory, the population erupted in paranoia. Memories of the Missouri War were still fresh in many minds & there was talk of a new extermination order this time from the federal government. Fearing the worst, Young declared martial law on August 5th & ordered all citizens to prepare for conflict & defensive measures were put into place. In early August Young re-activated the Nauvoo Legion which consisted of all-able bodied men aged 15-60 under the command of Danial H Wells & dispatched militia Col. Robert T Burton to observe the Army;s movements.. He also sent word to the native tribes with whom he had good relations & gave them full permission to take all the livestock on the northern & southern trails into California.

On September 8th Army Captain Stewart Van Vilet was spotted approaching Salt Lake City with a full company[3]. While one might expect this to send the Mormons over the edge, this was not so. Captain Van Vilet had been known to the Latter-day Saints in Iowa & many trusted him. As such he was cautiously welcomed into the city where he presented his orders to governor Young. The letter made clear that the citizens of Utah were to prepare to supply the troops once they arrived. No mention however, was made of Young's dismissal as governor or what the army's actual mission was. As such Van Vilet found himself the target of several pointed questions which took the Captain off-guard. He had the awkward duty to inform Young he had been dismissed & then give his assurances that Young was in no danger of arrest. The citizens of Salt Lake City made their displeasure known to the troops that Van Vilet had brought with him until the 11th[4] when Van Vilet ordered a withdrawal to keep things from escalating further.

The following day Young re-issued his declaration of martial law in a proclamation which was widely distributed & even was presented to Col. Johnston. The most important provisions included forbidding "all armed forces of every description from coming into this Territory, under any pretense whatsoever". It also commanded that "all the forces in said Territory hold themselves in readiness to march at a moment's notice to repel any and stationed in Echo Canyon and Weber Canyon. These two narrow passes lead into the Salt Lake Valley, and provided the easiest access to the populated areas of northern Utah. Dealing with a heavy snowfall and intense cold, the Mormon men built fortifications, dug rifle pits and dammed streams and rivers in preparation for a possible battle either that fall or the following spring. Several thousand more militiamen prepared their families for evacuation and underwent military training. such invasion." But more important to California and Oregon bound travelers was the third section that stated "Martial law is hereby declared to exist in this Territory ... and no person shall be allowed to pass or repass into, through or from this territory without a permit from the proper officer."

By late September a skirmish broke out west of South Pass. Casualties were low but the Legion hampered the army's progress by burning grass along the trail & stampeding the army's cattle. In early October Leagion members burnt Fort Bridger to keep it from falling into army hands. Several days later Lot Smith led a daring raid on three large army supply trains capturing horses, cattle & equipment. In the early morning of October 15th Col. Johnston personally led a detachment of 100 cavalrymen in an attempt to capture Smith. A fierce firefight broke out in which dozens were killed including Smith himself[5].

Throughout the month & into November between 1,200-2,000 men were stationed in Echo Canyon and Weber Canyon. These two narrow passes lead into the Salt Lake Valley, and provided the easiest access to the populated areas of northern Utah. Dealing with a heavy snowfall and intense cold, the Mormon men built fortifications, dug rifle pits and dammed streams and rivers in preparation for a possible battle either that fall or the following spring. Several thousand more militiamen prepared their families for evacuation and underwent military training. Determining that he needed to secure Salt Lake City as soon as possible, Johnston made the decision to enter Utah through Echo Canyon which he determined to be the more lightly defended route[6]. After a two day battle the Mormons were finally routed clearing the route to the territory's capital. Once established there, new governor James Guthrie sent a proclamation declaring the territory to be in rebellion, and soon after, a grand jury was formed at Camp Scott which indicted Young & over 60 other members of the Latter-day Saints for treason.

Thankfully the onset of winter provided the opportunity for negotiation At Young's request Thomas L Kane, a Mormon from Philadelphia reached out to president Breckinridge making an offer to mediate which was accepted. Though tensions would persist into 1858, peace was officially declared in July of that year. Young & some senior militia members were sentenced to prison time & issued public statements declaring Guthrie the rightful governor in exchange for amnesty for the majority of those who had taken up arms.And with that, what had become known as the Utah War finally ended. Dozens were dead & the federal government was humiliated having faced such difficulty from largely untrained militia. However future historians would largely regard the Utah War as merely a step towards another far bloodier conflict.

1.Alan Cumming OTL
2.He initially stayed behind in Kansas OTL only arriving in Utah in November.
3. OTL Van Vilet received warning of the Mormons preparations & came alone.
4.He left on the 15th OTL
5.NO casualties OTL
6. OTL the commander in charge at the time tried to go around but that didn't work
 
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