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The Wilmot Proviso

Project No. 28

"Provided, That, 


as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico by the United States,


by virtue of any treaty which may be negotiated between them, 


and to the use by the Executive of the moneys herein appropriated, 


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.”

United States. Cong. House of Representatives. Wilmot Proviso. 29th Cong., Amendment to HR 534.

The Wilmot Proviso was an failed yet influential congressional proposal for a total restriction of slavery in any new territories to be acquired from the Mexican American War. Although it was never approved, the proviso still made the issue of slavery and its expansion a major, controversial talking point during the years following. This, in turn, fueled and intensified sectional, or regional, tensions even within party lines—the same tensions that would eventually precipitate the Civil War.

Politics During the Mexican American War

The event that set the stage for the proposal of the Wilmot proviso was James K. Polk's request for $2 million for his negotiations. Meanwhile, both Democrats and Whigs were very careful to avoid issues like slavery for fear of causing a split within the party. The Wilmot Proviso forced a debate over these very issues, making the parties fears realized.

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The Debate on the Proviso

On August 8, 1846, Representative David Wilmot of Pennsylvania proposed an amendment to Polk's appropriations bill to ban slavery in the new territories: the Wilmot Proviso. This forced the debate to turn to the issue of slavery, and as such, the voting fell largely on sectional, not party, lines.

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The Aftermath

Although the proposal itself failed, the proviso exposed sectional divides even within party lines, in particular, the Democratic Party. This, combined with similar events, led to the fracturing of old parties and the birth of new ones.

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The Beginnings of Incivility

Although the specifics vary between historians and researchers, political incivility can be generally defined as when the foundations of civil discourse–the free and respectful exchange of different ideas–begin to break down. Debates over slavery was often taken as a personal issue, which led to conflict and debate. This in turn led to things like smear campaigns, political polarization, and even physical violence within Congress.

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Relation to Other Events Within the Incivility Epoch

The Compromise of 1850

  • The growing tension ignited by the Wilmot Proviso and fueled by events thereafter led to the Compromise of 1850, which helped to temporarily soothe this tension. 

  • The Compromise of 1850 aimed and did succeed in putting to rest the issues regarding the disposition of new territories that the Wilmot Proviso exacerbated, even if it was only temporary.

The Birth of the Republican Party

  • Anti-slavery Northern Democrats (including Barnburners) would break off the party as a result of the tension caused by the proviso.

  • They joined forces with anti-slavery Whigs and Free-Soilers, forming the Republican Party in 1854, and the Wilmot Proviso would become the basis of the platform of this new party.

"Two sets of extremists had arisen: Northerners who demanded no new slave territories under any circumstances, and Southerners who demanded free entry for slavery into all territories, the penalty for denial to be secession....history showed that in crises of this sort the two sets of extremists were almost certain to grow in power, swallowing up more and more members of the conciliatory center."

Allan Nevin

Deepen Your Knowledge and Check Your Understanding

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