So when, in August of 1846, President James Polk put forward a special appropriations bill to ask Congress for $2,000,000 to acquire territory from Mexico as part of peace negotiations after the Mexican-American War, Wilmot’s Proviso sought to keep slavery from expanding into any of that newly obtained land.
“This war was fought for the acquisition of territory and the hope of expanding not only American borders, but slavery as well,” says Boyd.
Wilmot was a member of a Democratic Party that had split into opposing factions over the issue of slavery during the 1844 election. That rift became further entrenched when President Polk accepted less land in a compromise with Great Britain involving Oregon yet sought a greater percentage of Texas from Mexico.
Northern Democrats like Wilmot worried about the implications of the United States acquiring additional territory where slavery would be permitted. By sponsoring the Wilmot Proviso, Wilmot was acting on behalf of his constituents, namely free, white Pennsylvanians.
Wilmot Proviso Fails, Tensions Flare
The Wilmot Proviso was dead in three days. It passed twice in the U.S. House of Representatives where Northerners had the majority. But it failed in the U.S. Senate where there was an equal amount of support for the free states and the slave states. Polk’s “Appropriation to Secure Peace Bill” passed in early 1847 without Wilmot’s Proviso.
Although the Wilmot Proviso of 1846 didn’t pass with Polk’s appropriations bill, it still left a lasting legacy. The proposed amendment’s purpose was simple and straightforward: slavery and involuntary servitude would be banned forever in all territories acquired as a result of the Mexican-American War. The only exception (much like in the 13th Amendment) would be unpaid labor as punishment for a crime.
The similarity in the wording of those two documents is not coincidental. The 13th Amendment borrowed some of its language from the Wilmot Proviso, which in turn took some of its language from the Northwest Ordinance of 1787.
Although Wilmot’s Proviso failed by itself, it fueled volatile division and debate between the Northern and Southern states over slavery and ultimately made the Civil War more inevitable. It also spurred on the creation of the Republican Party because, as Boyd explains, “the Republican party was the culmination of this anti-slavery, abolitionist, but also mostly Free Soil rhetoric.”
The Wilmot Proviso highlighted competing economic interests that inflamed North-South tensions around the topic of slavery, pushed the country closer to the Civil War, and continued to divide America well after the ratification of the 13th Amendment.
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