David Wilmot, Author of Proviso, Died at Towanda, March 16, 1868

David Wilmot, of Pennsylvania, retired from Congress after six years of service, March 4, 1851, with his name more generally involved in the political discussion of the country than that of any other of our statesmen. He was born in Bethany, Wayne County, Pennsylvania, January 20, 1814, and died in Towanda, March 16, 1868.

After acquiring an academic education wholly by his own efforts he was admitted to the bar in Wilkes-Barre in 1834. He at once located at Towanda, the county seat of Bradford, where he commenced his career and to which place he brought great and lasting honor.

He took a leading part in the support of Van Buren for the presidency in 1836, and in 1844 he was elected to Congress from the TwelfthTwelfth District, then composed of the Counties of Bradford, Susquehanna and Tioga.

At that time there existed much friction with Mexico over the boundary line, also ominous signs of a determined effort to extend slavery beyond its then existing limits, tariff agitation, trouble with Great Britain in the Oregon region, and other grave questions of national import.

The admission of Texas as a State, March 1, 1845, which was favored by Wilmot and his party, was followed by the war with Mexico a year later.

A bill was introduced August 8, 1846, which authorized the placing of $2,000,000 at the disposal of President Polk for the purpose of negotiating peace with Mexico and the crucial hour in our history had arrived. The prospect of the erection of future slave States out of Mexican territory aroused the anti-slavery sentiment of the North, and among the most pronounced of the dozen or more anti-slavery Democrats was David Wilmot.

At a conference of anti-slavery Democrats was presented what became known as the Wilmot proviso, of which the text was a repetition of the Jefferson proviso to the ordinance of 1787, except that it was framed for the present situation. The following is the full text: “Provided, that as an expressed and fundamental condition to the 195acquisition of any territory from the Republic of Mexico by the United States, by virtue of any treaty that 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 such territory, except for crime whereof the party shall be first duly convicted.”

When offered by Wilmot the proviso produced the utmost consternation in the House, as many members had become alarmed at the anti-slavery sentiment in their districts. The House was in committee of the whole, and to the surprise of both sides the proviso was adopted by a vote of 83 to 64, the Democrats of the North supporting it with but three exceptions.

An effort was made in the Senate to remove the proviso, but the last day of the session the gavel fell while the proviso was being debated, the first instance in which a bill was defeated by speaking against time in the Senate.

Wilmot was vehemently assailed by most of the leaders of his party, but the growing anti-slavery sentiment in the North only served to inspire Wilmot in his great battle, and he developed wonderful power as a public disputant.

Wilmot’s contest for re-election in 1848 attracted the attention of the whole Nation, and his triumph did much to strengthen the anti-slavery movement throughout the North.

Opposition to the Wilmot Proviso was finally forced as a cardinal doctrine of the party. When Wilmot came up for re-election in 1850 he was nominated at the Democratic primaries, but the newspapers opposed him and his defeat was regarded as one of the first duties of those who desired the success of the Democracy against him, and it appeared as if a Whig was sure to be elected.

Conservative Democrats suggested that both the Democratic candidates withdraw and select another upon whom all could unite. Wilmot promptly agreed on condition that the one nominated would sustain his anti-slavery faith and be personally acceptable to himself. He was asked to suggest a man, and he named Galusha A. Grow, then a young member of the bar in Susquehanna County, who had studied law with him.

Grow was found by a committee in his mountain retreat and hurried back to make his battle. He was elected and became the Speaker of Congress in the trying days of the Civil War.

The year Wilmot retired from Congress he succeeded Hon. Horace Willston on the bench of the judicial district then composed of Bradford, Susquehanna and Sullivan Counties, and ably served in that capacity until 1857, when he resigned to become a candidate for the governorship against William F. Packer, by whom he was defeated. After his defeat, Wilmot, by appointment of Governor Pollock, resumed his place on the bench and served until 1861.

196When Wilmot cast his lot with the Republican Party he was recognized as a leader in the first national convention in 1856. He was tendered the nomination as Vice President on the ticket with Fremont, which was declined. He was chairman of the Committee on Resolutions and to him belongs the honor of drafting the first platform of the Republican Party.

In the campaign of 1860 Wilmot was a delegate at large and was honored by being selected as the temporary chairman of that historic body that nominated Abraham Lincoln.

Wilmot was a candidate for Senator in 1861, but Simon Cameron held the balance of power in the contest, and gave the victory to Edgar Cowan. Later during the same session when Cameron resigned his seat in the Senate to enter the Cabinet of President Lincoln, as Secretary of War, Wilmot was chosen to succeedsucceed him.

At the end of his two years’ term the Democrats had carried the Legislature by one majority and made Charles R. Buckalew, of Columbia County, the Senator. Soon thereafter he was appointed by President Lincoln Judge of the Court of Claims, which position he held until death terminated his remarkable career.

His vigor was much impaired during the last few years of his life by steadily failing health, and he was finally able to give but little of his time to his judicial duties, and March 16, 1868, he quietly passed away in his home at Towanda.

In the beautiful suburbs of the town may be seen Riverside Cemetery, and near the public road stands the simple marble headstone of the grave of David Wilmot, with his name and date of birth and death on the inner surface, and on the outer surface, where it can be seen by every passerby, is inscribed the text of the Wilmot Proviso.