Biography of david rice atchison family

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As a border-state Democrat, he argued that slavery should accompany territorial expansion to maintain sectional balance, aligning with other pro-slavery senators in the informal "F Street Mess" coalition that coordinated Southern legislative strategies.[4][3]He advocated for the extension of slavery into territories north of the 36°30' parallel established by the Missouri Compromise of 1820, including the Nebraska region, despite its prohibition there; in the 1840s, Atchison proposed measures to introduce slavery regardless of those restrictions, reflecting his early rejection of geographic limits on the practice.[8] This stance stemmed from Missouri's reliance on slave labor for hemp production and Atchison's fear that free territories would encroach on slave-state influence along the western border.[3]Atchison's support for territorial expansion intertwined with his pro-slavery views, as he saw new lands as opportunities to strengthen the South.

Strong advocate for slavery, leader in Kansas disputes and skirmishes leading up to the Civil War.

  • He led "Border Ruffians" who seized control of polling places in the 1855 election, stuffed the ballot boxes, resulting in a pro-slavery legislature. Atchison Counties in Missouri and Kansas are named for him.

  • Works

    Religion

    Although a Presbyterian, he indulged in intoxicants, in profanity, and in incitements to violence against the free-state settlers in Kansas.

    Politics

    Atchison, owner of many slaves and a plantation, was a prominent pro-slavery activist and Border Ruffian leader, deeply involved with violence against abolitionists and other free-staters.

    Personality

    Atchison was of imposing presence, six feet two inches high and straight as an arrow, florid complexion, and weighing about 200 pounds.

    Connections

    There is no record of his own family.

    Father:
    William Atchison
    Mother:
    Catherine (Allen) Atchison
    Sister :
    Rebecca T Atchison
    Sister :
    Mary H (Atchison) Allen
    Brother :
    William M Atchison
    Brother :
    Alexander H Atchison
    Brother :
    Benjamin Allen Atchison

    References

    David Rice Atchison


    David Rice Atchison (August 11, 1807 – January 26, 1886) was an American lawyer and Democratic politician from Missouri who served as a United States Senator from 1843 to 1855.[1] Born in Kentucky and educated at Transylvania University, he moved to Missouri in 1830, where he practiced law, served in the state legislature, and acted as a circuit judge before his appointment to the Senate to fill a vacancy.[1] Elected president pro tempore of the Senate a record sixteen times between 1846 and 1854, Atchison presided over the chamber during the frequent absences of Vice President George M.

    Dallas.[2] A leading advocate for the expansion of slavery into western territories, he chaired the Senate Committee on Indian Affairs and played a pivotal role in securing the passage of the Kansas-Nebraska Act of 1854, which repealed the Missouri Compromise of 1820 and introduced popular sovereignty on the issue of slavery, thereby igniting the border conflicts later termed Bleeding Kansas.[2][3] Atchison organized pro-slavery incursions from Missouri into Kansas to influence territorial elections and ensure slavery's foothold, aligning with "Border Ruffians" in efforts that escalated violence between pro- and anti-slavery settlers.[4][3] After leaving the Senate, he sympathized with the Confederate cause during the Civil War but did not hold military office.[1] He is also associated with a longstanding myth claiming he acted as president for one day on March 4, 1849—due to a gap between President James K.

    Polk's term ending at noon and President-elect Zachary Taylor's inauguration delayed until March 5 amid a Sunday Sabbath observance—but Atchison denied ever assuming or exercising presidential powers, and constitutional scholars dismiss the notion as he was not sworn into the role and the presidency's continuity precluded any vacancy.[4][5]

    Early Life

    Birth, Family, and Upbringing

    David Rice Atchison was born on August 11, 1807, in Frogtown (later known as Kirklevington), a rural area near Lexington in Fayette County, Kentucky.[1][3][6]He was the son of William Atchison, a farmer of modest means who helped establish a local Presbyterian church, and Catherine Rice.[6][7] The Atchison family traced its roots to Scotch-Irish immigrants and maintained a plantation-style household typical of the region's agrarian economy, which relied on enslaved labor for cultivation.[8] Atchison spent his early years in this environment, immersed in the customs and economy of frontier Kentucky, where family landholdings and agricultural self-sufficiency shaped daily life.[3]His upbringing emphasized practical skills and community involvement, reflecting his father's influence as a respected local figure, though the family lacked significant wealth or political prominence at the time.[8] By his early twenties, Atchison sought opportunities beyond Kentucky's borders, migrating westward in 1830 to Clinton County, Missouri, drawn by prospects in the expanding frontier territories.[9] This relocation marked the transition from his rural Kentucky roots to active participation in Missouri's developing political and legal landscape.[3]

    Education and Initial Career

    Atchison attended Transylvania University in Lexington, Kentucky, graduating from its college in 1825.[10] He subsequently studied law, likely through the university's law department in Lexington, completing his preparation by 1829.[8]In 1829, Atchison was admitted to the bar in Kentucky and briefly commenced practice in Carlisle.[1] Seeking opportunities in a growing frontier region, he relocated to Liberty in Clay County, Missouri, in 1830, where he gained admission to the state bar that same year.[1] There, he established a successful law practice, representing clients in local courts and building a reputation amid Missouri's expanding settlements.[4]

    Rise in Missouri Politics

    Legal Practice

    Atchison studied law following his attendance at Transylvania University in Lexington, Kentucky, and was admitted to the Kentucky bar in 1829.[1] In 1830, he relocated to Liberty in Clay County, Missouri, where he established a law practice that quickly prospered amid the region's growing frontier economy.[11] His firm attracted a diverse clientele, including settlers, landowners, and early commercial interests, bolstered by Atchison's reputation for competence in property disputes and local litigation.[12]A notable partnership formed when Alexander William Doniphan joined Atchison's practice around 1833, creating a prominent legal team in western Missouri known for handling complex cases involving land titles and territorial claims.[13] Among his highest-profile clients was Mormon leader Joseph Smith, for whom Atchison provided legal assistance in 1833 during the preparation of redress petitions following the expulsion of Latter-day Saints from Jackson County, Missouri; this involvement highlighted his early navigation of religious and communal tensions in the state.[11][14] The success of his practice not only afforded financial stability but also positioned Atchison within influential networks that propelled his entry into Missouri politics.[4]

    State Legislature Service

    Atchison was first elected to the Missouri House of Representatives in 1834, representing Clay County as a Democrat with support from Mormon settlers he had defended in legal disputes against local non-Mormon opposition during 1833–1834.[10][14] During his initial term, which aligned with the 1834–1836 legislative session, he collaborated with Alexander W.

    Doniphan to advocate for the creation of Caldwell County in 1836 as a designated settlement area for members of the Church of Jesus Christ of Latter-day Saints, aiming to reduce conflicts with established residents in surrounding counties like Clay.[14]Atchison continued his legislative involvement by contributing to efforts surrounding the Platte Purchase, a treaty ratified in 1837 that added approximately 2,230 square miles to northwestern Missouri from Native American lands held by the Platte and other tribes, thereby extending the state's border to the Missouri River.[4] He was re-elected to the House in 1838 for another term spanning roughly 1838–1840, during which he represented Joseph Smith in ongoing land disputes involving Mormon properties in Caldwell and Daviess Counties against non-Mormon claimants.[15][16]Throughout his state legislative service, Atchison aligned with Democratic interests in Missouri's frontier politics, leveraging Mormon bloc voting for electoral advantage while advocating policies that balanced settler expansion with slavery's extension into new territories, though no formal leadership roles such as committee chairmanships are recorded for him in the House.[14] His pragmatic defense of Mormon rights stemmed from shared economic stakes in regional stability rather than ideological affinity, as evidenced by his later opposition to their growing political influence amid escalating tensions by the late 1830s.[15]

    U.S.

    The story gained traction post-event through anecdotal retellings, including Atchison's tombstone inscription added by descendants, but lacks contemporaneous official records or Senate acknowledgment.

    biography of david rice atchison family

    Senate Career

    Election and Early Tenure

    David Rice Atchison, a Democrat from Missouri, was appointed to the United States Senate on October 14, 1843, to fill the vacancy caused by the death of Senator Lewis F. Linn.[1] At age 36, he became the youngest senator from Missouri and the first to represent the western part of the state.[11] The Missouri General Assembly subsequently elected him to complete the term and for the subsequent full term beginning in 1845, reflecting his strong support among pro-slavery Democrats in the legislature.[2]During his early Senate tenure in the 28th Congress (1843–1845), Atchison emerged as a vocal advocate for territorial expansion, particularly the annexation of Texas, which he viewed as essential for preserving the balance of slave and free states in Congress.[10] This position led to a rift with Missouri's senior senator, Thomas Hart Benton, who opposed immediate annexation on grounds that it risked war with Mexico and disrupted sectional equilibrium without adequate safeguards for slavery's extension.[10] Atchison's advocacy aligned with President John Tyler's push for a joint resolution annexing Texas, which passed Congress in early 1845 just before the term's end, setting the stage for the Mexican-American War.[17]As a staunch defender of slavery, Atchison prioritized policies that would facilitate its spread into new territories, using his influence to rally Democratic support for expansionist measures amid growing sectional tensions.[3] His early efforts focused on committee work and floor debates reinforcing Missouri's interests as a border slave state, though specific legislative achievements in this period were limited by the contentious partisan environment.[2]David Rice Atchison was elected President pro tempore of the United States Senate during the 29th Congress on December 23, 1845, at the age of 38, owing to his popularity and influence among Democratic senators.[3] He retained the position through the 33rd Congress, serving until December 4, 1854, and was reelected on 13 separate occasions, including a unanimous vote on August 8, 1846.[4][2] This tenure made him one of the longest-serving holders of the office in the mid-19th century.[1]The constitutional role of the President pro tempore, as outlined in Article I, Section 3 of the U.S.

    Constitution, is to preside over Senate proceedings in the Vice President's absence and to assume the duties of Senate president. In November 1855, during the Wakarusa War—a standoff near Lawrence triggered by the shooting of pro-slavery Sheriff Samuel J. Jones—Atchison raised and commanded a Missouri force to bolster Jones against free-state defenders, though a truce averted full battle.[25] He played a prominent role in the Sacking of Lawrence on May 21, 1856, leading a pro-slavery militia primarily composed of Missourians; Atchison ordered the first cannon shot against the Free State Hotel, delivered an inflammatory speech calling for the destruction of abolitionist presses and structures, and oversaw the looting and burning of the town, which destroyed two newspaper offices and several homes.[25][28] Later that year, on August 30, 1856, Atchison commanded pro-slavery forces at the Battle of Osawatomie, where a detachment under his subordinate John W.

    Reid routed John Brown's small free-state band and sacked the town.[25]These activities, while effective in temporarily entrenching pro-slavery control—such as relocating the territorial capital to Lecompton and drafting a pro-slavery constitution—intensified partisan warfare, contributing to over 200 deaths in Kansas conflicts by 1859 and undermining Atchison's political standing, as his overt involvement in electoral fraud and raids alienated moderate voters in Missouri.[3][26]

    Electoral Defeat

    Atchison's Senate term expired on March 3, 1855.

    Legacy

    • Atchison County, Kansas and Atchison County, Missouri are named in Sen. Atchison's honor.

    Sources

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    .

    Taylor, meanwhile, functioned de facto as president from noon March 4, issuing orders and receiving recognition, underscoring that the presidency vested immediately upon term commencement by constitutional convention, with oath formalizing execution rather than creation of office.

    Proponents argue that Taylor, as president-elect, could not exercise powers without the oath, potentially elevating Atchison as the next in line, with Vice President-elect Millard Fillmore also unsworn. While this bolstered his standing among hardline slave-state interests, it alienated moderates concerned that such tactics invited retaliation, heightened national sectional conflict, and threatened Missouri's border stability and commerce.[25][3]Balloting began in January 1855, but Atchison withdrew after initial votes, with his supporters shifting to alternatives like Missouri Supreme Court Judge Hamilton Rowan Gamble or John Scott.

  • Plantation owner with many slaves. He backed the annexation of Texas via joint congressional resolution on March 1, 1845, which admitted it as a slave state and expanded U.S. territory by over 389,000 square miles, countering his rival Senator Thomas Hart Benton's more cautious approach.[21][3] Similarly, he endorsed the Mexican-American War declared on May 13, 1846, which yielded approximately 500,000 square miles of land—including California, Nevada, Utah, and parts of other states—through the Treaty of Guadalupe Hidalgo on February 2, 1848, furthering the potential for slavery's spread.[3][22]

    Kansas-Nebraska Act

    David Rice Atchison, a staunch pro-slavery advocate representing Missouri's border-state interests, actively pushed for legislation to organize the Nebraska Territory in a manner that would permit slavery's potential expansion northward, viewing the Missouri Compromise of 1820 as an unconstitutional restriction that endangered slaveholding in adjacent states.[23] His motivations centered on countering the perceived threat of a contiguous block of free states, which could encircle and undermine Missouri's slave economy, while also advancing a northern route for the transcontinental railroad without prohibiting slavery above the 36°30' parallel.[23] Atchison collaborated closely with Illinois Senator Stephen A.

    Douglas, insisting on an explicit repeal of the Compromise and the adoption of popular sovereignty—allowing territorial settlers to vote on slavery—to secure southern Democratic support.[24][25]In response to Atchison's demands, Douglas revised his Nebraska bill to incorporate these provisions, declaring to Atchison, “I will incorporate it into my bill, though I know it will raise a hell of a storm.”[24] The Kansas-Nebraska Act was introduced in the Senate in its revised form on January 4, 1854, proposing the creation of two territories—Kansas and Nebraska—where slavery's status would be determined by local legislatures rather than congressional fiat.[24] Atchison, as a leader among southern senators, rallied opposition to any version retaining the Compromise's restrictions and endorsed Douglas's framework as a pragmatic solution to balance territorial organization with slavery's extension.[24][25]The Senate debated the bill intensely amid charges that it violated the 1820 settlement, but Atchison's advocacy helped secure its passage on March 4, 1854, by a 37-14 vote, with near-unanimous southern support including his own affirmative vote.[24] The House approved it on May 22, 1854, and President Franklin Pierce signed it into law on May 30, 1854, effectively nullifying the Missouri Compromise's territorial slavery ban and igniting national sectional strife.[24] Atchison's instrumental role in this legislative triumph reflected his broader strategy of using territorial policy to preserve slavery's equilibrium between free and slave states, though it fractured national parties and intensified anti-slavery mobilization in the North.[25][23]

    Leadership of Border Ruffians in Kansas Conflicts

    David Rice Atchison, a staunch advocate for the extension of slavery into the Kansas Territory following the Kansas-Nebraska Act of May 30, 1854, emerged as a principal organizer and leader of the Border Ruffians—pro-slaveryMissouri settlers who crossed into Kansas to influence territorial governance through electoral intimidation and illegal voting.[3] These efforts aimed to secure pro-slavery majorities under the principle of popular sovereignty, countering organized anti-slavery immigration efforts such as those by the New England Emigrant Aid Company.

    No candidate secured a majority across dozens of ballots over subsequent sessions, resulting in a deadlock that left the Class 3 Senate seat vacant for nearly two years—a period during which Missouri lacked full representation amid escalating debates over Kansas statehood.[30][2] The impasse ended on January 14, 1857, when the legislature elected Green to complete the term ending March 3, 1861.[31] This outcome underscored the limits of Atchison's influence, as his faction yielded to demands for a less contentious figure amid post-Kansas-Nebraska Act fallout.[2]

    Post-Senate Endeavors

    Railroad Development Advocacy

    Atchison championed federal land grants to support the construction of railroads within Missouri, viewing them as essential for economic expansion and connectivity to western markets.

    On March 30, 1855, during the election for the territorial legislature, Atchison again directed Border Ruffians—numbering around 1,000 to 5,000 according to accounts—who seized polling places at gunpoint, threatened election officials with violence including shooting, burning, and hanging, and stuffed ballots to produce a pro-slavery legislature of 36 to 3 delegates.[26][27] The results were later deemed fraudulent by federal investigators, but the legislature convened and enacted pro-slavery laws, including a stringent slave code.[26]Atchison's leadership extended to direct military actions amid escalating violence known as Bleeding Kansas.

    Moved to Missouri the next year. His best-known Missouri client was LDS founder, Joseph Smith. Atchison's rhetoric emphasized forceful participation, declaring that Missourians must "vote or fight" to prevent Kansas from becoming a free state.[3]In the first territorial election on November 29, 1854, for a delegate to Congress, Atchison led over 1,700 armed Missourians across the border to cast fraudulent votes, ensuring the victory of pro-slavery candidate John W.

    Whitfield despite minimal legitimate Kansas residency among the voters.[26] This incursion set the pattern for subsequent interference.

    Education

    Upon his graduation from Transylvania University, young Atchison entered upon the study of law in the office of Charles Humphreys, at the same time attending the law school in Lexington.

    Career

    Shortly after his admission to the Kentucky bar, in 1830, he moved to Missouri and began the practise of law in Liberty County.

    In 1833, along with three other Missouri lawyers, he was retained by the Mormons of Jackson County to defend them in their troubles with Gentile neighbors.

    Moving to Clay County, he was elected to the lower branch of the Missouri legislature in 1834 and again in 1838, but failed of reëlection in 1840.

    As senator, Atchison held the chairmanship of the important Committee on Indian Affairs, and actively promoted land-grant legislation in aid of Missouri railroads, believing that later they would form important links in a transcontinental system.

    His collected papers reflect ongoing engagement with rail issues into the 1870s, such as the Great Railroad Strike of 1877, underscoring a sustained interest in the sector's role in regional prosperity.[33][34]

    Stance During the Civil War

    At the outset of the secession crisis in late 1860, Atchison publicly endorsed Missouri's withdrawal from the Union, aligning himself with pro-Confederate Governor Claiborne Fox Jackson and advocating for the state's departure to join the Confederate States.[3][10] His efforts focused on rallying pro-slavery elements in Missouri, a border state with divided loyalties, to prevent Union control and facilitate alignment with Southern states.[12]In 1861, Atchison assumed a military role as a brigadier general (later major general) in the Missouri State Guard, the secessionist state militia organized under Jackson to resist federal authority.[35][3] He actively recruited volunteers for Confederate-aligned forces and led operations against Union troops, including commanding 3,500 State Guard recruits across the Missouri River in September 1861 to reinforce General Sterling Price, defeating a Union blocking force in the process.[12][15] These actions exemplified his commitment to secessionist objectives, as he organized Missouri units intended for Confederate service amid the Guard's campaigns, such as the Battle of Wilson's Creek on August 10, 1861, where he served on Jackson's staff.[10][36]Atchison resigned his commission in 1862 following the Union victory at the Battle of Pea Ridge (March 6–8, 1862), citing dissatisfaction with Confederate management and fading prospects for regaining Missouri.[35] Despite Missouri's official rejection of secession via a state convention in March 1861 and its retention in the Union under provisional governance, Atchison's activities demonstrated unwavering Confederate sympathies, leading him to flee to Texas for the war's duration to evade federal occupation.[3][10]

    Events of March 1849

    On March 2, 1849, the United States Senate elected David Rice Atchison as president pro tempore following Vice President George M.

    Dallas's departure from the chamber for the session's remainder.[4] This positioned Atchison third in the presidential line of succession under the Presidential Succession Act of 1792, behind the vice president and Speaker of the House.[37] The 30th Congress adjourned sine die on March 3, 1849, concluding Atchison's immediate authority in that role until the next congressional session.[38]March 4, 1849, fell on a Sunday, and President James K.

    Polk's term expired at noon, marking the constitutional start of Zachary Taylor's presidency despite the absence of an inauguration ceremony that day due to religious observance of the Sabbath.[39] Taylor did not take the oath of office until the following day, leaving a brief period without a sworn president, though his term had commenced de jure.[37] With no vice president in office after Dallas's term ended concurrently with Polk's, and the Senate not in session, no acting executive authority was formally exercised or designated during the afternoon and evening.[4] Atchison, whose senatorial term continued but whose pro tempore role had lapsed with the congressional adjournment, reportedly spent much of the day at home in Washington, D.C., sleeping and later jesting that he had "slept through" any purported presidential duties.[37]The 31st Congress's Senate convened in special session on March 5, 1849, at the request of outgoing President Polk to address immediate business, including treaty ratifications.[38] Early that morning, senators re-elected Atchison as president pro tempore.[4] Taylor's public inauguration proceeded at the Capitol's East Portico, where Chief Justice Roger B.

    Taney administered the presidential oath around noon.[37] Subsequently, in the Senate chamber, Atchison administered the vice-presidential oath to Millard Fillmore.[40] This sequence ensured the executive branch's continuity without interruption, as Taylor's presidency was recognized from March 4 onward.[39]

    Legal and Historical Analysis

    The legal basis for Atchison's claimed presidency rests on the Presidential Succession Act of 1792, which stipulated that in the event of the removal, death, resignation, or inability of both the president and vice president, their duties would devolve upon the president pro tempore of the Senate until a successor qualified.[41] This provision, combined with Article II, Section 1 of the U.S.

    Constitution—requiring an oath before entering execution of the office—has fueled debate over whether a vacancy arose after James K. Polk's term ended at noon on March 4, 1849, and before Zachary Taylor's oath on March 5.

    Background

    David Rice Atchison was born on August 11, 1807 in Frogtown, Kentucky, United States.

    Modern consensus among historians and constitutional experts rejects the presidency claim as a myth, attributing it to misinterpretation of succession mechanics amid the unique Sunday timing, with no precedent or analogue in U.S. history validating it.[41][4] This view aligns with broader scholarly analysis emphasizing practical governance continuity over technical gaps, as reaffirmed in later succession reforms like the 1886 and 1947 Acts.[42]

    Atchison's Own Denial and Modern Consensus

    David Rice Atchison explicitly denied ever serving as president, even briefly, stating in a manuscript that "I never for a moment acted as President of the United States, although I was for a few minutes President pro tempore of the Senate."[43] He emphasized that he went to bed early on March 4, 1849, after presiding over the Senate until around 11 a.m., and performed no presidential duties thereafter.[4]Historians and legal scholars concur that Atchison did not assume the presidency, as Zachary Taylor became president at noon on March 4, 1849, when James K.

    Polk's term constitutionally expired, irrespective of the inauguration delay until March 5 due to the Sabbath.[4] The presidential oath, while traditional, is not required for the office to transfer under Article II of the Constitution, which specifies the term's end without conditioning it on ceremony.[41] Furthermore, Atchison's Senate term and role as president pro tempore lapsed at noon on March 4 with the adjournment of the 30th Congress, rendering him ineligible for succession

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    Biography

    David Atchison is Notable.

    David Atchison was a Freemason.

    • Lawyer, admitted to Kentucky Bar, 1829.

      He also served as President Pro Tempore of the Senate. However, the Act applied specifically to incapacitation or removal creating a true vacancy, not a delayed inauguration due to Sunday observance, and constitutional intent emphasized continuity to avoid interregnums, as evidenced by Federalist Papers discussions on stable succession.[41][42]Critically, Atchison's eligibility lapsed at noon on March 4, when his Senate term expired alongside Polk's presidency, rendering him no longer president pro tempore and ineligible under the Act's framework, which presupposed an incumbent officer.[37] The Senate did not elect a successor until the morning of March 5, leaving no designated officer during the alleged gap, and Atchison took no oath himself—a prerequisite for assuming executive duties, as later acting presidents like those under the 1947 Succession Act have done.