First term and return to Buffalo

In 1832 Fillmore ran successfully for the U.S. House of Representatives. The Anti-Masonic presidential candidate, William Wirt, a former attorney general, won only Vermont, and President Jackson easily gained re-election. At the time, Congress convened its annual session in December and so Fillmore had to wait more than a year after his election to take his seat. Fillmore, Weed, and others realized that opposition to Masonry was too narrow a foundation to build a national party. They formed the broad-based Whig Party from National Republicans, Anti-Masons, and disaffected Democrats. The Whigs were initially united by their opposition to Jackson but became a major party by expanding their platform to include support for economic growth through rechartering the Second Bank of the United States and federally-funded internal improvements, including roads, bridges, and canals.^[33] Weed had joined the Whigs before Fillmore and became a power within the party, and Weed's anti-slavery views were stronger than those of Fillmore, who disliked slavery but considered the federal government powerless over it. They were closer to those of another prominent New York Whig, William H. Seward of Auburn, who was also seen as a Weed protégé.^[2]

In Washington Fillmore urged the expansion of Buffalo harbor, a decision under federal jurisdiction, and he privately lobbied Albany for the expansion of the state-owned Erie Canal.^[34] Even during the 1832 campaign, Fillmore's affiliation as an Anti-Mason had been uncertain, and he rapidly shed the label once sworn in. Fillmore came to the notice of the influential Massachusetts Senator Daniel Webster, who took the new representative under his wing. Fillmore became a firm supporter, and they continued their close relationship until Webster's death late in Fillmore's presidency.^[35] Despite Fillmore's support of the Second Bank as a means for national development, he did not speak in the congressional debates in which some advocated renewing its charter although Jackson had vetoed legislation for a charter renewal.^[36] Fillmore supported building infrastructure by voting in favor of navigation improvements on the Hudson River and constructing a bridge across the Potomac River.^[37]

Anti-Masonry was still strong in Western New York though it was petering out nationally. When the Anti-Masons did not nominate him for a second term in 1834, Fillmore declined the Whig nomination, seeing that the two parties would split the anti-Jackson vote and elect the Democrat. Despite Fillmore's departure from office, he was a rival for the state party leadership with Seward, the unsuccessful 1834 Whig gubernatorial candidate.^[38] Fillmore spent his time out of office building his law practice and boosting the Whig Party, which gradually absorbed most of the Anti-Masons.^[39] By 1836 Fillmore was confident enough of anti-Jackson unity that he accepted the Whig nomination for Congress. Democrats, led by their presidential candidate, Vice President Martin Van Buren, were victorious nationwide and in Van Buren's home state of New York, but Western New York voted Whig and sent Fillmore back to Washington.^[40]

Second to fourth terms

Van Buren, faced with the economic Panic of 1837, which was caused partly by the lack of confidence in private banknote issues after Jackson had instructed the government to accept only gold or silver, called a special session of Congress. Government money had been held in so-called "pet banks" since Jackson had withdrawn it from the Second Bank. Van Buren proposed to place funds in sub-treasuries, government depositories that would not lend money. Believing that government funds should be lent to develop the country, Fillmore felt it would lock the nation's limited supply of gold money away from commerce. Van Buren's sub-treasury and other economic proposals passed, but as hard times continued, the Whigs saw an increased vote in the 1837 elections and captured the New York Assembly, which set up a fight for the 1838 gubernatorial nomination. Fillmore supported the leading Whig vice-presidential candidate from 1836, Francis Granger, but Weed preferred Seward.

Fillmore was embittered when Weed got the nomination for Seward but campaigned loyally, Seward was elected, and Fillmore won another term in the House.^[41]

The rivalry between Fillmore and Seward was affected by the growing anti-slavery movement. Although Fillmore disliked slavery, he saw no reason for it to be a political issue. Seward, however, was hostile to slavery and made it clear in his actions as governor by refusing to return slaves claimed by Southerners.^[41] When the Buffalo bar proposed Fillmore for the position of vice-chancellor of the eighth judicial district in 1839, Seward refused, nominated Frederick Whittlesey, and indicated that if the New York Senate rejected Whittlesey he still would not appoint Fillmore.^[42]

Fillmore was active in the discussions of presidential candidates which preceded the Whig National Convention for the 1840 race. He initially supported General Winfield Scott but really wanted to defeat Kentucky Senator Henry Clay, a slaveholder who he felt could not carry New York State. Fillmore did not attend the convention but was gratified when it nominated General William Henry Harrison for president, with former Virginia Senator John Tyler his running mate.^[43] Fillmore organized Western New York for the Harrison campaign, and the national ticket was elected, and Fillmore easily gained a fourth term in the House.^[44]

At the urging of Clay, Harrison quickly called a special session of Congress. With the Whigs able to organize the House for the first time, Fillmore sought the Speakership, but it went to a Clay acolyte, John White of Kentucky.^[45] Nevertheless, Fillmore was made chairman of the House Ways and Means Committee.^[1] Harrison was expected to go along with anything Clay and other congressional Whig leaders proposed, but Harrison died on April 4, 1841. Vice President Tyler was elevated to the presidency; the onetime maverick Democrat soon broke with Clay over congressional proposals for a national bank to stabilize the currency, which he vetoed twice and so was expelled from the Whig Party. Fillmore remained on the fringes of that conflict by generally supporting the congressional Whig position, but his chief achievement as Ways and Means chairman was the Tariff of 1842. The existing tariff did not protect manufacturing, and part of the revenue was distributed to the states, a decision made in better times that was now depleting the Treasury. Fillmore prepared a bill raising tariff rates that was popular in the country, but the continuation of distribution assured Tyler's veto and much political advantage for the Whigs. A House committee, headed by Massachusetts's John Quincy Adams, condemned Tyler's actions. Fillmore prepared a second bill, now omitting distribution. When it reached Tyler's desk, he signed it but, in the process, offended his erstwhile Democratic allies. Thus Fillmore not only achieved his legislative goal but also managed to isolate Tyler politically.^[46]

Fillmore received praise for the tariff, but in July 1842 he announced he would not seek re-election. The Whigs nominated him anyway, but he refused the nomination. Tired of Washington life and the conflict that had revolved around Tyler, Fillmore sought to return to his life and law practice in Buffalo. He continued to be active in the lame duck session of Congress that followed the 1842 elections and returned to Buffalo in April 1843. According to his biographer, Scarry, "Fillmore concluded his Congressional career at a point when he had become a powerful figure, an able statesman at the height of his popularity."^[47]

Weed deemed Fillmore "able in debate, wise in council, and inflexible in his political sentiments".^[48]

Nomination

Engraving of Fillmore

President Polk had pledged not to seek a second term, and with gains in Congress during the 1846 election cycle, the Whigs were hopeful of taking the White House in 1848. The party's perennial candidates, Henry Clay and Daniel Webster, both wanted the nomination and amassed support from congressional colleagues. Many rank-and-file Whigs backed the Mexican War hero, General Zachary Taylor, for president. Although Taylor was extremely popular, many Northerners had qualms about electing a Louisiana slaveholder at a time of sectional tension over whether slavery should be allowed in the territories that had been ceded by Mexico. Taylor's uncertain political views gave others pause: his career in the Army had prevented him from ever casting a ballot for president though he stated that he was a Whig supporter. Some feared that they might elect another Tyler, or another Harrison.^[62]

Taylor (left) – Fillmore campaign banner by Nathaniel Currier

With the nomination undecided, Weed maneuvered for New York to send an uncommitted delegation to the 1848 Whig National Convention in Philadelphia in the hope of being a kingmaker in a position to place ex-Governor Seward on the ticket or to get him a high federal office. He persuaded Fillmore to support an uncommitted ticket but did not tell the Buffalonian of his hopes for Seward. Weed was an influential editor with whom Fillmore tended to co-operate for the greater good of the Whig Party. However, Weed had sterner opponents, including Governor Young, who disliked Seward and did not want to see him gain high office.^[63]

Despite Weed's efforts, Taylor was nominated on the fourth ballot, to the anger of Clay's supporters and of Conscience Whigs from the Northeast. When order had been restored, John A. Collier, a New Yorker who opposed Weed, addressed the convention. Delegates hung on his every word as he described himself as a Clay partisan; he had voted for Clay on each ballot. He eloquently described the grief of the Clay supporters, frustrated again in their battle to make Clay president. Collier warned of a fatal breach in the party and said that only one thing could prevent it: the nomination of Fillmore for vice president, whom he depicted incorrectly as a strong Clay supporter. Fillmore actually agreed with many of Clay's positions but did not back him for president and was not in Philadelphia. Delegates did not know what Collier had said was false or at least greatly exaggerated and there was a large reaction in Fillmore's favor. At the time, the presidential candidate did not automatically pick his running mate, and despite the efforts of Taylor's managers to get the nomination for their choice, Abbott Lawrence of Massachusetts, Fillmore became the Whig nominee for vice president on the second ballot.^[64]

Weed had wanted the vice-presidential nomination for Seward, who attracted few delegate votes, and Collier had acted to frustrate them in more ways than one, since with the New Yorker Fillmore as vice president, under the political customs of the time, no one from that state could be named to the Cabinet. Fillmore was accused of complicity in Collier's actions, but that was never substantiated.^[65] Nevertheless, there were sound reasons for Fillmore's selection, as he was a proven vote-getter from electorally-crucial New York, and his track record in Congress and as a candidate showed his devotion to Whig doctrine, allaying fears he might be another Tyler were something to happen to General Taylor. Delegates remembered him for his role in the Tariff of 1842, and he had been mentioned as a vice-presidential possibility, along with Lawrence and Ohio's Thomas Ewing. His rivalry with Seward, who was already known for anti-slavery views and statements, made Fillmore more acceptable in the South.^[66][67]

General election

It was customary in the mid-19th century for a candidate for high office not to appear to seek it. Thus, Fillmore remained at the comptroller's office in Albany and made no speeches. The 1848 campaign was conducted in the newspapers and with addresses made by surrogates at rallies. The Democrats nominated Senator Lewis Cass of Michigan for president, with General William O. Butler as his running mate, but it became a three-way fight since the Free Soil Party, which opposed the spread of slavery, chose ex-President Van Buren.^[68] There was a crisis among the Whigs when Taylor also accepted the presidential nomination of a group of dissident South Carolina Democrats. Fearing that Taylor would be a party apostate like Tyler, Weed in late August scheduled a rally in Albany aimed at electing an uncommitted slate of presidential electors. Fillmore interceded with the editor and assured him that Taylor was loyal to the party.^[69][70]

Northerners assumed that Fillmore, hailing from a free state, was an opponent of the spread of slavery. Southerners accused him of being an abolitionist, which he hotly denied.^[71] Fillmore responded to one Alabamian in a widely published letter that slavery was an evil, but the federal government had no authority over it.^[69] Taylor and Fillmore corresponded twice in September, with Taylor happy that the crisis over the South Carolinians was resolved. Fillmore assured his running mate that the electoral prospects for the ticket looked good, especially in the Northeast.^[72]

In the end the Taylor-Fillmore ticket won narrowly, with New York's electoral votes again key to the election.^[73] The Whig ticket won the popular vote by 1,361,393 (47.3%) to 1,223,460 (42.5%) and triumphed 163 to 127 in the Electoral College.^{[lower-alpha 4]} Minor party candidates took no electoral votes,^[74] but the strength of the burgeoning anti-slavery movement was shown by the vote for Van Buren, who won no states but earned 291,501 votes (10.1%) and finished second in New York, Vermont, and Massachusetts.^[75]

Succession amid crisis

BEP-engraved portrait of Fillmore as president

July 4, 1850 was a very hot day in Washington, and President Taylor, who attended the Fourth of July ceremonies to lay the cornerstone of the Washington Monument, refreshed himself, likely with cold milk and cherries. What he consumed likely gave him gastroenteritis, and he died on July 9. Taylor, nicknamed "Old Rough and Ready", had gained a reputation for toughness through his military campaigning in the heat, and his sudden death came as a shock to the nation.^[83]

Fillmore had been called from his chair presiding over the Senate on July 8 and had sat with members of the cabinet in a vigil outside Taylor's bedroom at the White House. He received the formal notification of the president's death, signed by the cabinet, on the evening of July 9 in his residence at the Willard Hotel. After acknowledging the letter and spending a sleepless night,^[84] Fillmore went to the House of Representatives, where, at a joint session of Congress, he took the oath as president from William Cranch, the chief judge of the federal court for the District of Columbia, who had also sworn in President Tyler. The cabinet officers, as was customary when a new president took over, submitted their resignations but expected Fillmore to refuse and to allow them to continue in office. Fillmore had been marginalized by the cabinet members, and he accepted the resignations though he asked them to stay on for a month, which most refused to do. Fillmore is the only president who succeeded by death or resignation not to retain, at least initially, his predecessor's cabinet. He was already in discussions with Whig leaders and, on July 20, began to send new nominations to the Senate, with the Fillmore Cabinet to be led by Webster as Secretary of State. Webster had outraged his Massachusetts constituents by supporting Clay's bill and, with his Senate term to expire in 1851, had no political future in his home state. Fillmore appointed his old law partner, Nathan Hall, as Postmaster General, a cabinet position that controlled many patronage appointments.^[85] The new department heads were mostly supporters of the Compromise, like Fillmore.^[86]

The brief pause from politics out of national grief at Taylor's death did not abate the crisis. Texas had attempted to assert its authority in New Mexico, and the state's governor, Peter H. Bell, had sent belligerent letters to President Taylor.^[87] Fillmore received another letter after he had become president. He reinforced federal troops in the area and warned Bell to keep the peace.^[86]

By July 31 Clay's bill was effectively dead, as all significant provisions other than the organization of Utah Territory had been removed by amendment. As one wag put it, the "Mormons" were the only remaining passengers on the omnibus.^[88] Illinois Senator Stephen A. Douglas then stepped to the fore, with Clay's agreement, proposing to break the omnibus bill into individual bills that could be passed piecemeal.^[88] Fillmore endorsed that strategy, which eventually divided the compromise into five bills.^[1]

Fillmore sent a special message to Congress on August 6, 1850; disclosed the letter from Governor Bell and his reply; warned that armed Texans would be viewed as intruders; and urged Congress to defuse sectional tensions by passing the Compromise. Without the presence of the Great Triumvirate of John C. Calhoun, Webster, and Clay, who had long dominated the Senate,^{[lower-alpha 9]} Douglas and others were able to lead the Senate towards the administration-backed package of bills. Each bill passed the Senate with the support of the section that wanted it, with a few members who were determined to see all the bills passed. The battle then moved to the House, which had a Northern majority because of the population. Most contentious was the Fugitive Slave Bill, whose provisions were anathema to abolitionists. Fillmore applied pressure to get Northern Whigs, including New Yorkers, to abstain, rather than to oppose the bill. Through the legislative process, various changes were made, including the setting of a boundary between New Mexico Territory and Texas, the state being given a payment to settle any claims. California was admitted as a free state, the District of Columbia's slave trade was ended, and the final status of slavery in New Mexico and Utah would be settled later. Fillmore signed the bills as they reached his desk and held the Fugitive Slave Bill for two days until he received a favorable opinion as to its constitutionality from the new Attorney General, John J. Crittenden. Although some Northerners were unhappy at the Fugitive Slave Act, relief was widespread in the hope of settling the slavery question.^[89][90]

Domestic affairs

The Fugitive Slave Act remained contentious after its enactment. Southerners complained bitterly about any leniency in its application, but its enforcement was highly offensive to many Northerners. Abolitionists recited the inequities of the law since anyone aiding an escaped slave was punished severely, and it granted no due process to the escapee, who could not testify before a magistrate. The law also permitted a higher payment to the hearing magistrate for deciding the escapee was a slave, rather than a free man. Nevertheless, Fillmore believed himself bound by his oath as president and by the bargain that had been made in the Compromise to enforce the Fugitive Slave Act. He did so even though some prosecutions or attempts to return slaves ended badly for the government, with acquittals and the slave taken from federal custody and freed by a Boston mob. Such cases were widely publicized North and South, inflamed passions in both places, and undermined the good feeling that had followed the Compromise.^[91]

In August 1850 the social reformer Dorothea Dix wrote to Fillmore to urge support of her proposal in Congress for land grants to finance asylums for the impoverished mentally ill. Though her proposal did not pass, they became friends, met in person, and continued to correspond well after Fillmore's presidency.^[92]

In September 1850 Fillmore appointed the Church of Jesus Christ of Latter-day Saints leader Brigham Young as the first governor of Utah Territory.^[93] In gratitude, Young named the first territorial capital "Fillmore" and the surrounding county "Millard".^[94]

A longtime supporter of national infrastructure development, Fillmore signed bills to subsidize the Illinois Central railroad from Chicago to Mobile, and for a canal at Sault Ste. Marie. The 1851 completion of the Erie Railroad in New York prompted Fillmore and his cabinet to ride the first train from New York City to the shores of Lake Erie, in the company with many other politicians and dignitaries. Fillmore made many speeches along the way from the train's rear platform, urged acceptance of the Compromise, and later went on a tour of New England with his Southern cabinet members. Although Fillmore urged Congress to authorize a transcontinental railroad, it did not do so until a decade later.^[95]

Fillmore appointed one justice to the Supreme Court of the United States and made four appointments to United States district courts, including that of his law partner and cabinet officer, Nathan Hall, to the federal district court in Buffalo.^[96] When Supreme Court Justice Levi Woodbury died in September 1851 with the Senate not in session, Fillmore made a recess appointment of Benjamin Robbins Curtis to the Court. In December, with Congress convened, Fillmore formally nominated Curtis, who was confirmed. In 1857 Justice Curtis dissented from the Court's decision in the slavery case of Dred Scott v. Sandford and resigned as a matter of principle.^[97]

Justice John McKinley's death in 1852 led to repeated fruitless attempts by the president to fill the vacancy. The Senate took no action on the nomination of the New Orleans attorney Edward A. Bradford. Fillmore's second choice, George Edmund Badger, asked for his name to be withdrawn. Senator-elect Judah P. Benjamin declined to serve. The nomination of William C. Micou, a New Orleans lawyer recommended by Benjamin, was not acted on by the Senate. The vacancy was finally filled after Fillmore's term, when President Franklin Pierce nominated John Archibald Campbell, who was confirmed by the Senate.^[98]

Foreign relations

Official portrait of Fillmore by George Peter Alexander Healy, c. 1857

Fillmore oversaw two highly-competent Secretaries of State, Daniel Webster, and after the New Englander's 1852 death, Edward Everett. Fillmore looked over their shoulders and made all major decisions.^[99] He was particularly active in Asia and the Pacific, especially with regard to Japan, which then still prohibited nearly all foreign contact. American merchants and shipowners wanted Japan "opened up" for trade, which would allow commerce and permit American ships to call there for food and water and in emergencies without them being punished. They were concerned that American sailors cast away on the Japanese coast were imprisoned as criminals.^[100] Fillmore and Webster dispatched Commodore Matthew C. Perry on the Perry Expedition to open Japan to relations with the outside world. Perry and his ships reached Japan in July 1853, four months after the end of Fillmore's term.^[100]

Fillmore was a staunch opponent of European influence in Hawaii. France, under Emperor Napoleon III, sought to annex Hawaii but backed down after Fillmore issued a strongly-worded message warning that "the United States would not stand for any such action."^[100]

Taylor had pressed Portugal for payment of American claims dating as far back as the War of 1812 and had refused offers of arbitration, but Fillmore gained a favorable settlement.^[101]

Fillmore had difficulties regarding Cuba since many Southerners hoped to see the island as an American slave territory. Cuba was a Spanish slave colony.^[100]

The Venezuelan adventurer Narciso López recruited Americans for three filibustering expeditions to Cuba in the hope of overthrowing Spanish rule. After the second attempt in 1850, López and some of his followers were indicted for breach of the Neutrality Act but were quickly acquitted by friendly Southern juries.^[100] The final López expedition ended with his execution by the Spanish, who put several Americans before the firing squad, including the nephew of Attorney General Crittenden. That resulted in riots against the Spanish in New Orleans, which caused their consul to flee. The historian Elbert B. Smith, who wrote of the Taylor and the Fillmore presidencies, suggested that Fillmore could have had war against Spain had he wanted. Instead, Fillmore, Webster, and the Spanish worked out a series of face-saving measures that settled the crisis without armed conflict. Many Southerners, including Whigs, supported the filibusters, and Fillmore's response helped to divide his party as the 1852 election approached.^[102]

A much-publicized event of the Fillmore presidency was the late 1851 arrival of Lajos Kossuth, the exiled leader of a failed Hungarian revolution against Austria. Kossuth wanted the United States to recognize Hungary's independence. Many Americans were sympathetic to the Hungarian rebels, especially recent German immigrants, who were now coming in large numbers and had become a major political force. Kossuth was feted by Congress, and Fillmore allowed a White House meeting after he had received word that Kossuth would not try to politicize it. Despite his promise, Kossuth made a speech promoting his cause. The American enthusiasm for Kossuth petered out, and he departed for Europe. Fillmore refused to change the American policy of remaining neutral.^[103]

Election of 1852 and completion of term

As the election of 1852 approached, Fillmore remained undecided on whether to run for a full term as president. Secretary Webster had long coveted the presidency and was past 70 but planned a final attempt to gain the White House. Fillmore, sympathetic to the ambitions of his longtime friend, issued a letter in late 1851 stating that he did not seek a full term, but Fillmore was reluctant to rule it out for fear the party would be captured by the Sewardites. Thus, approaching the national convention in Baltimore, to be held in June 1852, the major candidates were Fillmore, Webster, and General Scott. Weed and Seward backed Scott. In late May, the Democrats nominated former New Hampshire senator Franklin Pierce, who had been out of federal politics for nearly a decade before 1852 but had a profile that had risen by his military service during the Mexican War. His nomination as a Northerner sympathetic to the southern view on slavery united the Democrats and meant that the Whig candidate would face an uphill battle to gain the presidency.^[104]

Fillmore had become unpopular with northern Whigs for signing and enforcing the Fugitive Slave Act but still had considerable support from the South, where he was seen as the only candidate capable of uniting the party. Once the convention passed a party platform endorsing the Compromise as a final settlement of the slavery question, Fillmore was willing to withdraw. He found that many of his supporters could not accept Webster and that his action would nominate Scott. The convention was deadlocked until Saturday, June 19, when a total of 46 ballots had been taken, and the delegates adjourned until Monday. Party leaders proposed a deal to Fillmore and Webster: if the latter could increase his vote total over the next several ballots, enough Fillmore supporters would go along to put him over the top. Otherwise, Webster would withdraw in favor of Fillmore. The President quickly agreed, but Webster did not do so until Monday morning. On the 48th ballot, Webster delegates began to defect to Scott, and the general gained the nomination on the 53rd ballot. Webster was far more unhappy at the outcome than was Fillmore, who refused the secretary's resignation. Without the votes of much of the South and also of Northerners who depended on peaceful intersectional trade, Scott was easily beaten by Pierce in November. Smith suggested that the Whigs might have done much better with Fillmore.^[105]

The final months of Fillmore's term were uneventful. Webster died in October 1852, but during his final illness, Fillmore effectively acted as his own Secretary of State without incident, and Everett stepped competently into Webster's shoes. Fillmore intended to lecture Congress on the slavery question in his final annual message in December but was talked out of it by his cabinet, and he contented himself with pointing out the prosperity of the nation and expressing gratitude for the opportunity to serve it. There was little discussion of slavery during the lame-duck session of Congress, and Fillmore left office on March 4, 1853, to be succeeded by Pierce.^[106]

Personal tragedies

Fillmore was the first president to return to private life without independent wealth or the possession of a landed estate. With no pension to anticipate, he needed to earn a living and felt that it should be in a way that would uphold the dignity of his former office. His friend Judge Hall assured him it would be proper for him to practice law in the higher courts of New York, and Fillmore so intended.^[107] The Fillmores had planned a tour of the South after they had left the White House, but Abigail caught a cold at President Pierce's inauguration, developed pneumonia, and died in Washington on March 30, 1853. A saddened Fillmore returned to Buffalo for the burial.^[108] The fact that he was in mourning limited his social activities, and he made ends meet on the income from his investments.^[109] He was bereaved again on July 26, 1854, when his only daughter, Mary, died of cholera.^[110]

Subsequent political activity

The former president ended his seclusion in early 1854, as a debate over Senator Douglas's Kansas–Nebraska Bill embroiled the nation. The bill would open the northern portion of the Louisiana Purchase to settlement and end the northern limit on slavery under the Missouri Compromise of 1820. Fillmore retained many supporters, planned an ostensibly nonpolitical national tour, and privately rallied disaffected Whig politicians to preserve the Union and to back him in a run for president. Fillmore made public appearances opening railroads and visiting the grave of Senator Clay but met with politicians outside the public eye during the late winter and the spring of 1854.^[111]

Such a comeback could not be under the auspices of the Whig Party, with its remnants divided by the Kansas–Nebraska legislation, which passed with the support of Pierce. Many northern foes of slavery, such as Seward, gravitated toward the new Republican Party, but Fillmore saw no home for himself there. In the early 1850s, there was considerable hostility toward immigrants, especially Catholics, who had recently arrived in the United States in large numbers, and several nativist organizations, including the Order of the Star Spangled Banner, sprang up in reaction. By 1854 the order had morphed into the American Party, which became known as the Know Nothings. (In its early days, members were sworn to keep its internal deliberations private and, if asked, were to say they knew nothing about them.)^[112]

Many from Fillmore's "National Whig" faction had joined the Know Nothings by 1854 and influenced the organization to take up causes besides nativism.^[113] Fillmore was encouraged by the success of the Know Nothings in the 1854 midterm elections in which they won in several states of the Northeast and showed strength in the South. On January 1, 1855, he sent a letter for publication that warned against immigrant influence in American elections, and he soon joined the order.^[114]

Later that year Fillmore went abroad, and stated publicly that as he lacked office he might as well travel. The trip was at the advice of political friends, who felt that by touring he would avoid involvement in the contentious issues of the day. He spent over a year, from March 1855 to June 1856, in Europe and the Middle East. Queen Victoria is said to have pronounced the ex-president as the handsomest man she had ever seen, and his coincidental appearance with Van Buren in the gallery of the House of Commons provoked a comment from the MP John Bright.^[115]

Dorothea Dix had preceded him to Europe and was lobbying to improve conditions for the mentally ill. They continued to correspond and met several times.^[116] In Rome, Fillmore had an audience with Pope Pius IX. He carefully weighed the political pros and cons of meeting with Pius. He nearly withdrew from the meeting when he was told that he would have to kneel and kiss the Pope's hand. To avoid that, Pius remained seated throughout the meeting.^[117][118]

Andrew Donelson

1856 campaign

Fillmore's allies were in full control of the American Party and arranged for him to get its presidential nomination while he was in Europe. The Know Nothing convention chose Fillmore's running mate: Andrew Donelson of Kentucky, the nephew by marriage and once-ward of President Jackson. Fillmore made a celebrated return in June 1856 by speaking at a series of welcomes, which began with his arrival at a huge reception in New York City and continued across the state to Buffalo. The addresses were portrayed as expressions of thanks for his reception, rather than as campaign speeches, which might be considered illicit office-seeking if they were made by a presidential hopeful. Fillmore warned that electing the Republican candidate, former California senator John C. Frémont, who had no support in the South, would divide the Union and lead to civil war. Both Fillmore and the Democratic candidate, former Pennsylvania senator James Buchanan, agreed that slavery was principally a matter for the states, not the federal government. Fillmore rarely spoke about the immigration question, focused on the sectional divide, and urged the preservation of the Union.^[119][120]

Fillmore won only Maryland (pink).

Once Fillmore was back home in Buffalo, he had no excuse to make speeches, and his campaign stagnated through the summer and the fall of 1856. Political fixers who had been Whigs, such as Weed, tended to join the Republican Party, and the Know Nothings lacked experience at selling anything but nativism. Accordingly, Fillmore's pro-Union stance mostly went unheard. Although the South was friendly towards Fillmore, many people feared that a Frémont victory would lead to secession, and some of those who were sympathetic to Fillmore moved into the Buchanan camp for fear of splitting the anti-Frémont vote, which might elect the Republican.^[121] Scarry suggested that the events of 1856, including the conflict in Kansas Territory and the caning of Charles Sumner on the floor of the Senate, polarized the nation and made Fillmore's moderate stance obsolete.^[122]

Buchanan won with 1,836,072 votes (45.3%) and 174 electoral votes to Frémont's 1,342,345 votes (33.1%) and 114 electoral votes. Fillmore and Donelson finished third by winning 873,053 votes (21.6%) and carrying the state of Maryland and its eight electoral votes.^{[lower-alpha 10]} The American Party ticket narrowly lost in several southern states, and a change of fewer than 8,000 votes in Louisiana, Kentucky, and Tennessee would have thrown the election to the House of Representatives, where the sectional divide would have made the outcome uncertain.^[124]

The historian Allan Nevins wrote that Fillmore was not a Know Nothing or a nativist, offering as support that Fillmore was out of the country when the nomination came and had not been consulted about running. Nevins stated about Fillmore that "by no spoken or written word had he indicated a subscription to American tenets."^[125][126] However, Fillmore had sent a letter for publication in 1855 that explicitly denounced immigrant influence in elections^[114] and Fillmore stated that the American Party was the "only hope of forming a truly national party, which shall ignore this constant and distracting agitation of slavery."^[1]

Remarriage, later life, and death

Caroline Fillmore

Fillmore considered his political career to have ended with his defeat in 1856. He again felt inhibited from returning to the practice of law. But his financial worries ended on February 10, 1858, when he married Caroline McIntosh, a well-to-do widow. Their combined wealth allowed them to purchase a large house on Niagara Square in Buffalo, where they lived for the remainder of his life.^[127] There, the Fillmores devoted themselves to entertaining and philanthropy. According to the historian Smith, "They generously supported almost every conceivable cause."^[128] Among these were the Buffalo General Hospital, which he helped found.^[129]

Fillmore during the Civil War

In the 1860 presidential election Fillmore voted for Senator Douglas, the Democratic nominee. After the vote, in which the Republican nominee, former Illinois Representative Abraham Lincoln, was elected, many sought out Fillmore's views, but he refused to take any part in the secession crisis that followed, feeling that he lacked influence.^[130] He decried Buchanan's inaction as states left the Union and wrote that although the federal government could not coerce a state, those advocating secession should be regarded as traitors. When Lincoln came to Buffalo en route to his inauguration, Fillmore led the committee selected to receive him, hosted him at his mansion, and took him to church.

Once the Civil War began, Fillmore supported Lincoln's efforts to preserve the Union.^[131] He commanded the Union Continentals, a corps of home guards of men over 45 from upstate New York. The Continentals trained to defend the Buffalo area in the event of a Confederate attack. They performed military drills and ceremonial functions at parades, funerals, and other events. The Union Continentals guarded Lincoln's funeral train in Buffalo. They continued operations after the war, and Fillmore remained active with them almost until his death.^[132][133]

Despite Fillmore's zeal in the war effort, he gave a speech in early 1864 calling for magnanimity toward the South after the war and counted its heavy cost, both in finances and in blood. The Lincoln administration saw the speech as an attack on it that could not be tolerated in an election year, and Fillmore was criticized in many newspapers and was called a Copperhead and even a traitor. That led to lasting ill-feeling against Fillmore in many circles.^[134]

In the 1864 presidential election, Fillmore supported the Democratic nominee, George B. McClellan, since he believed that the Democratic Party's plan for immediate cessation of fighting and allowing the seceded states to return with slavery intact was the best chance to restore the Union.^[135]

After Lincoln's assassination in April 1865, black ink was thrown on Fillmore's house because it was not draped in mourning like others. Fillmore was apparently out of town at the time and put black drapes in the windows once he returned. He retained his position as Buffalo's leading citizen and was among those selected to escort the body when Lincoln's funeral train passed through Buffalo, but many remained angry at him for his wartime positions.^[136] Fillmore supported President Andrew Johnson's Reconstruction policies since he felt that the nation needed to be reconciled as quickly as possible.^[137] He devoted most of his time to civic activities. He aided Buffalo in becoming the third American city to have a permanent art gallery, the Buffalo Fine Arts Academy.^[138]

Fillmore stayed in good health almost to the end of his life. He suffered a stroke in February 1874, and died on March 8, at age 74, after suffering a second stroke. Two days later, he was buried at Forest Lawn Cemetery in Buffalo after a funeral procession including hundreds of others.^[139] The U.S. Senate sent three of its members to honor Fillmore, including former vice president Hannibal Hamlin.^[140]