Prosperity came in full measure but harmony did not, for once again expansion brought the nation face to face with the divisive question of slavery. Should this giant chunk of North America, much of which was vacant, be slave or free? The question, in one sense, seems hardly worth the national crisis it provoked. Slavery appeared to have little future in New Mexico and California, and none in Oregon. Why did the South fight so hard for the right to bring slaves into a region that seemed so poorly suited to their exploitation?
Narrow partisanship provides part of the explanation. In districts where slavery was entrenched, a congressman who zealously defended the institution against the most trivial slight usually found himself a popular hero. In the northern states, the representatives who were vigilant in what they might describe as “freedom’s cause” seldom regretted it on election day. But slavery raised a moral question. Most Americans tried to avoid confronting this truth; as patriots they assumed that any sectional issue could be solved by compromise. However, while the majority of whites had little respect for blacks, slave or free, few persons, northern or southern, could look upon the ownership of one human being by another as simply an alternative form of economic organization and argue its merits as they would those of the protective tariff or a national bank. Twist the facts as they might, slavery was either right or it was wrong; being on the whole honest and moral, they could not, having faced that truth, stand by unconcerned while the question was debated.
The question could come up in Congress only indirectly, for the Constitution did not give the federal government any control over slavery in the states. But Congress had complete control in the territories.
Therefore the fact that slavery had no future in the Mexican cession was unimportant—in fact, for the foes of slavery, it was an advantage. By attacking slavery where it did not and probably never could exist, they could conceal from the slaveholders—and perhaps even from themselves—their hope ultimately to extinguish the institution.
Slavery had complicated the Texas problem from the start, and it beclouded the future of the Southwest even before the Mexican flag had been stripped from the staffs at Santa Fe and Los Angeles. The northern, Van Burenite wing of the Democratic party had become increasingly uneasy about the proslavery cast of Polk’s policies, which were unpopular in that part of the country. Once it became likely that the war would bring new territory into the Union, these Northerners felt compelled to try to check the president and to assure their constituents that they would resist the admission of further slave territory. On August 8, 1846, during the debate on a bill appropriating money for the conduct of the war, Democratic Congressman David Wilmot of Pennsylvania introduced an amendment that provided “as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico” that “neither slavery nor involuntary servitude shall ever exist in any part of said territory.”
Southerners found the Wilmot Proviso particularly insulting. Nevertheless, it passed the House, where northern congressmen outnumbered southern. But it was defeated in the Senate, where Southerners held the balance. To counter the Proviso, Calhoun, once again serving as senator from South Carolina, introduced resolutions in 1846 arguing that Congress had no right to bar slavery from any territory; because territories belonged to all the states, slave and free, all should have equal rights in them. From this position it was only a step (soon taken) to demanding that Congress guarantee the right of slave owners to bring slaves into the territories and establish federal slave codes in the territories. Most Northerners considered this proposal as repulsive as Southerners found the Wilmot Proviso.
Calhoun’s resolutions could never pass the House of Representatives, and Wilmot’s Proviso had no chance in the Senate. Yet their very existence threatened the Union; as Senator Benton remarked, they were like the blades of a pair of scissors, ineffective separately, yet an efficient cutting tool taken together.
To resolve the territorial problem, two compromises were offered. One, eventually backed by President Polk, would extend the Missouri Compromise line to the Pacific. The majority of
Southerners were willing to go along with this scheme, but most Northerners would no longer agree to the reservation of any new territory for slavery. The other possibility, advocated by Senator Lewis Cass of Michigan, called for organizing new territories without mention of slavery, thus leaving it to local settlers, through their territorial legislatures, to determine their own institutions. Cass’s popular sovereignty, known more vulgarly as “squatter sovereignty,” had the superficial merit of appearing to be democratic. Its virtue for the members of Congress, however, was that it allowed them to escape the responsibility of deciding the question themselves.