With the approach of the Civil War, the American Party had collapsed over the issue of temperance, and the progressive elements of that party joined with other old line Whigs in a Delaware People's Party. Most of this group would eventually join with the new Republican Party in Delaware. Burton ran for governor a second time, in 1858, against the candidate of this party, James S. Buckmaster, a Frederica merchant, and narrowly won. He then served from January 18, 1859, until January 20, 1863.