#OnThisDay: The Wilmot Proviso of 1846

“The what?” you say. I must admit I’m guilty, too. I had to look it up.

In a nutshell, the Wilmot Proviso of 1846 was a failed attempt in the US Congress to ban slavery in the western territories the US obtained as a result of the Mexican-American War. It was just this type action that paved the way for the American Civil War in 1861.

Photo by Tasha Jolley on Unsplash

The proviso was named for David Wilmot, the Congressman from Pennsylvania who introduced it on August 8, 1846. The proviso was a rider on a $2 million appropriations bill three months into the Mexican-American War. The bill passed in the House of Representatives but failed in the Senate.

Some background

Photo by Edgar Moran on Unsplash

Perhaps in the southwestern US states, the Mexican-American War is taught in elementary and high schools, but it was my experience in North Carolina that the two-year war in the 1840s was just mentioned in passing. Or perhaps I just wasn’t paying attention. Anyway, I had to do some research to find the details of the Wilmot Proviso.

The Missouri Compromise of 1820 prohibited slavery in the remaining Louisiana Territory above the 36th parallel, 30 north latitude line. The “compromise” was that Missouri was admitted to the Union as a slave state at the same time Maine was admitted as a free state.

Photo by Ray Shrewsberry on Unsplash

The controversy over the annexation of the Republic of Texas enters into the story, as did New Mexico and California, which had been captured by the US during the Mexican-American War. After substantial land area gains by the US early in the war, Congress started setting its sights on more expansion from the Atlantic to the Pacific.

Slavery was a hot button issue and Democrats and Whigs (the two main political parties in the US at that time) tried to keep it out of national politics. There was no way to avoid it, however. It was the proverbial “elephant in the room.”

Photo by Library of Congress on Unsplash

There was disagreement within the Democratic Party over the way Martin Van Buren had been denied the party’s nomination for US President in 1844 when southern delegates uncovered an old convention rule that required a nominee to receive a two-thirds vote by delegates. (I didn’t take time to thoroughly research that. I’m sure there’s more to the story than meets the eye.)

More and more over time, the Mexican-American War was more popular in the southern states than in the northern states. It was seen by many in the south as a way to gain more territory where slavery would be accepted.

Back to the Wilmot Proviso

President James K. Polk sent a request to Congress for $2 million to boost negotiations with Mexico to end the war. That was on Saturday, August 8, 1846. Congress was scheduled to adjourn two days later. A special night session was arranged by the Democrats so the request could be considered.

Photo by Library of Congress on Unsplash

Rules mandated that debate be limited to two hours. No one member of Congress could speak for more than ten minutes. A Polk supporter and friend to many southerners, David Wilmot was selected to present the bill to help ensure its passage.

The following language was included in the proviso that would apply to all territory the United States would acquire from Mexico by virtue of any peace treaty: “neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall first be duly convicted.”

The Senate took up the House bill and there was a push to pass it with the exception of the Wilmot Proviso. The Democratic politicians thought the House would then be forced to pass the bill without the proviso due to the bewitching midnight hour when Congress had to adjourn.

Senator John Davis, a Massachusetts Whig, schemed that he would speak on the floor of the Senate so long that the Senate would have to vote on the bill as written because it would be too late to return the bill to the House of Representatives.

Does anyone know what time it is?

Photo by Jon Tyson on Unsplash

In a twist of fate (or by design?), there was an eight-minute difference in the official clocks of the Senate and the House. The clock in the House struck midnight before Davis could call for the vote in the Senate. The 1846 session of Congress had adjourned without full passage of the $2 million bill.

Proponents introduced the bill again in 1847 as a $3 million bill, but it had the same results. There were efforts to resurrect the proviso in 1848 as part of the Treaty of Guadalupe Hidalgo, but those efforts also failed.

The Wilmot Proviso would have effectively made the 1820 Missouri Compromise null and void.

What happened about slavery in the western territories/states?

California’s constitution banned slavery, so it was given statehood as a free state in 1850. Nevada was admitted to the Union as a free state in 1864. The US. acquired New Mexico and Utah in 1848, and slavery was legal in those territories until slavery was banned in all US territories in 1862.

How did Texas play into this?

My research about the Wilmot Proviso prompted me to delve into the history of Texas. The Republic of Texas was annexed by the United States and granted statehood in 1845 – just months before the debates over the Wilmot Proviso began. I knew there were slaves in Texas. We just recently celebrated Juneteenth, marking the anniversary of the slaves in Texas finally being told they were free.

I learned that there were African slaves in Texas as early as 1529. Texas joined the United States as a slave state. Slavery was a deciding factor in the annexation of the Republic of Texas while James K. Polk was US president.

Photo by Vivian Arcidiacono on Unsplash

Therefore, since Texas was already a US state prior to the debate over the Wilmot Proviso of 1846, slavery in Texas wouldn’t have been affected by the proviso, had it passed. It would have only pertained to territories the US gained as a result of the Mexican-American War.

What a difference one action or inaction can make

My research last week brought to mind how nations evolve and how peoples’ lives can turn on a dime with decisions made by governments. What if the Wilmot Proviso had passed in 1846 (or 1847 or 1848?) What if Texas had not been a state in 1846? What if the US had not won the Mexican-American War? What if the South had won the Civil War? What if African slaves had never been brought to North America? What if America had been defeated in the American Revolutionary War? What if Germany and Japan had won World War II?

How different world history would be if just one of those decisions or wars had gone the other way!

Aftermath of the Wilmot Proviso

If nothing else, the Wilmot Proviso brought to light how divided the United States was between the North and the South. The Democrats and Whigs were both split by regional loyalties.

Neither party wanted to vote on the issue of slavery, but the vote on the Wilmot Proviso pulled the cover off and began to lay bare the true division within the country. What had begun some 70 years earlier as an experiment in democracy was now under more pressure than ever and would ultimately be tested in a civil war just 15 years later.

Photo by Juan Manuel Merino on Unsplash

Even with the end of that civil war, the issue of race relations in the United States would not be settled and, sadly, remains a point of conflict to this day. It is still “the elephant in the room” – that difficult conversation we still struggle with in our society today.

Since my last blog post

As you might guess, I spent several hours researching the Wilmot Proviso and condensing my findings into a somewhat digestible blog post. You’re probably saying, “That was more than I wanted to know about the Wilmot Proviso.” I felt the same way as the history got increasingly complicated.

With the Wilmot Proviso out of the way, I turned my focus to working on my family cookbook project, my historical short stories, and some reading.

Until my next blog post

I hope you have a good book to read. I’ve already read a one this month and I’m ready to share my thoughts about it in my September 5 blog post.

Life is short. Make time for friends and family.

If you don’t have a hobby, find one.

Don’t forget the people of Ukraine, Uvalde, and Highland Park, etc. and the people in Kentucky whose lives have been turned upside down by flooding.


21 thoughts on “#OnThisDay: The Wilmot Proviso of 1846

  1. A very interesting post on something I had never heard of. Quite informative indeed Janet. Although I believe slavery was wrong in every way and in every land where it was allowed (and it is an ancient evil) I do think it would better serve the interests of peace and future prosperity in the US if the topic was soon and forever forgotten. It will remain a part of history as many other things but thinking that slavery has something to do with the present and using it by descendants to try to gain money is absurd and ridiculous. It was a thing of the past. Just like African tribes enslaved others, they were all black, in the US, it has been abolished, the black people are equal to whites and the past should be left as history only. I only state my opinion. I know that Spaniards also held slaves in America but we don’t dwell upon it. All the best Janet.

    Liked by 1 person

  2. I don’t either, Liz. I remember we studied colonial times and the Civil War. That’s about it. I couldn’t have even told you who was president in the 1840s.

    Liked by 1 person

  3. I sort of see what you’re saying, Francis, but to forget slavery happened in the US would be tantamount to forgetting the attempted extermination of the Jews happened in eastern Europe in the 1930s and 1940s. We don’t need to dwell on it, but we need to remember it and confront it for what it was. In this day and age of conspiracy theories trying to rewrite history, I think it’s all the more important to shine a light on history. As always, I appreciate and value your comments and I look forward to them every week. All the best for a good week. Janet

    Liked by 1 person

  4. I’d never heard of it either, until I happened upon it as an event whose anniversary fell on the date of my planned blog post. I thought it would be simple to research and write about. The joke’s on me! LOL!


  5. Thank you Janet, I appreciate that and I do look forward to your posts which are so rich in history, a discipline that I love dearly. I would never want to forget any part of history, regardless of its positive or negative evaluation. I just meant to say that slavery in the US is just that, history, as it is in most countries around the world that at one time or another of their history held slaves. I hope I’m not misunderstood. And in any event I wish you all the best and I hope in NC it is not as hot as here! It’s been in the 90’s forever!

    Liked by 1 person

  6. No, you’re not misunderstood. I just see examples every day of the discrimination whose roots are in slavery. Too many white Americans can’t let go of the Civil War and the mindset that black people are inferior to them. It’s this idea that’s rooted in that part of our history that the white nationalists proclaim today and it is threatening our very democracy. It’s insidious. It’s just below the surface. I sense it in social media postings made by people I wouldn’t have guessed were so prejudiced. And they all claim to be Christians. That’s the saddest part of all. Thanks for the give and take of conversation, Francis. Try to stay cool. August won’t last forever.

    Liked by 1 person

  7. I hadn’t heard of this either, Janet. I loved one of your final paragraphs about thinking about how changes in our world history might have significantly altered the present day. We never truly are free of the impact of history. We must always work hard to evolve, adjust our trajectory, and take nothing for granted. Fascinating post.

    Liked by 1 person

  8. Thank you Janet, for your posts which teach me so much about US History that I am familiar with but not at the same level. It is always a blessing to be able to discuss a topic with grace and dignity and respect, as you do. And you are right, one thing I do not tolerate is racism and discriminatory practices in people. Trying to stay cool, but losing the battle, I am carrying a fan everywhere I go around the house! LOL! Tomorrow finally the AC guy is coming to service my unit so I can use it! Thank you Janet and all the best!

    Liked by 1 person

  9. Sorry I’m slow responding, Francis. I went off in another direction (first, working on a new short story and second, genealogy) and forgot to check for comments on my blog. It seems I have a one-track mind. The short story is going nowhere. The genealogical work is going smoothly. In fact, I discovered a new bit of info about one of my great-great-grandfathers yesterday that proves his link to an earlier generation. Thank you for your graciousness and openness to discussions. Ouch! I’d forgotten your AC had to be checked out before you could turn it on when you returned home. By the time you’re reading this, I hope the AC guy has been there and you are happily relaxing inside your home with a more tolerable temperature than you’ve had the last few days. Temps in the 90s without AC brings back ghastly memories of my childhood! My best to you — and more comfortable days ahead.

    Liked by 1 person

  10. Thank you so much Janet. The AC guy is coming this afternoon finally! Wishing you all the best with the short story, I am sure you will resolve whatever problems you might be encountering with the story. So exciting about the genealogical discovery! I wish you a great day! All the best.

    Liked by 1 person

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