John Brown's Provisional Constitution

Last updated

Hundreds of copies of a provisional constitution were found among John Brown's papers after his 1859 raid on Harper's Ferry, Virginia. It called for a new state in the Appalachian Mountains, a sort of West Virginia, populated by volunteer freedom fighters and escaped slaves from plantations, which were at lower altitudes. It was introduced into evidence at his trial as evidence of sedition.

Contents

John Brown also wrote, at about the same time, a little-known Declaration of Liberty, inspired by the U.S. Declaration of Independence. [1] :162–163

Creation of the constitution

Page from John Brown's Provisional Constitution and Ordinances for the People of the United States. Pamphlet, John Brown's "Provisional Constitution and Ordinances for the People of the United States" from records... - NARA - 300384.tif
Page from John Brown's Provisional Constitution and Ordinances for the People of the United States.

The Provisional Constitution and Ordinances for the People of the United States was written by Brown while a guest in Frederick Douglass's house in Rochester, New York, in February, 1858. [2] He later described it as "of my own contriving and getting up". [3] This constitution was adopted at a convention Brown held in Chatham, Ontario, Canada, on May 8–10, 1858. [4] [5] :258–261

Although this document was dismissed by contemporaries as evidence of Brown's madness, David Reynolds points out that at the time, the U.S. Constitution itself was "a highly contested text". It was rejected by the abolitionists Wm. Lloyd Garrison and Wendell Phillips, who called it "a covenant with death and an agreement from hell" because it indirectly sanctioned slavery, [6] :249–250 as the Dred Scott decision had just confirmed.

Projected use of the Constitution

Certificate naming Wm. Leeman a captain in John Brown's army Certificate from John Brown.jpg
Certificate naming Wm. Leeman a captain in John Brown's army
Certificate naming George B. Gill Secretary of the Treasury John Brown and his men; with some account of the roads they traveled to reach Harper's Ferry (1894) (14761819336).jpg
Certificate naming George B. Gill Secretary of the Treasury

Just what the provisional constitution was intended for is not completely clear. It was not distributed in Harpers Ferry. There is no record of any comments by Brown on how and when it was to be distributed and used. "John Brown never...communicated his whole plan, even to his immediate followers. ...With characteristic reticence Brown revealed his whole plan to no one, and many of those close to him received quite different impressions, or rather read their own ideas into Brown's careful speech." [5] :262 Brown's planned raid on Harpers Ferry was laid out at the Chatham Convention, held in Chatham, Ontario, Canada, in 1858. [7] The convention of mostly black delegates also adopted the measures of Brown's Provisional Constitution.

Printed certificates named the following as officers under the Provisional Constitution:

It was not the constitution of a projected new state, for that it was made up of the mountainous regions of the mid-Atlantic states, that would join or seek to join the Union. He also denied, during his trial, the intent of revolting against the United States, of creating a new country. Sometimes he seems to want the same United States—he does describe it in the constitution's title as "for the people of the United States"—but with a better and anti-slavery constitution. This proposed one was only "provisional", which implies some sort of procedure to create a new, permanent constitution.

Under Brown's provisional constitution, there would be a unicameral legislature of no less than 5 nor more than 10 members, all chosen at large. There would be no senate.

Brown did not see setting up another government with a different constitution to be a revolt against the United States.

The Provisional Constitution was cited during the trial as evidence of his intent to commit treason.

Not one of the copies was ever distributed; even nearby enslaved persons did not receive copies. The reason for this has never been explained. Although it was reprinted, always with scorn, in the press, Brown was not asked about it by any of the many visitors he saw during the month (November 2–December 2, 1859) between being sentenced to death (in Virginia v. John Brown ) and his execution.

Much of the Constitution was reprinted in many newspapers, such as the Wheeling Daily Intelligencer , shortly after his arrest. [9]

In the pockets of William H. Leeman, one of the rebels killed at Harpers Ferry, was found a commission as captain "in the army established under the provisional constitution". It was signed by John Brown, Commander in Chief, at the "War Department, near Harpers Ferry", dated October 15. The commission was a preprinted form, with Leeman's name filled in by hand. [10]

Related Research Articles

<span class="mw-page-title-main">United States Declaration of Independence</span> 1776 American national founding document

The Declaration of Independence, headed The unanimous Declaration of the thirteen united States of America, is the founding document of the United States. It was adopted on July 4, 1776 by the Second Continental Congress meeting at the Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The declaration explains to the world why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule.

<span class="mw-page-title-main">John Brown (abolitionist)</span> American abolitionist (1800–1859)

John Brown was an American abolitionist leader. First reaching national prominence for his radical abolitionism and fighting in Bleeding Kansas, he was eventually captured and executed for a failed incitement of a slave rebellion at Harpers Ferry preceding the American Civil War.

<span class="mw-page-title-main">William Lloyd Garrison</span> American journalist and abolitionist (1805–1879)

William Lloyd Garrison was an American abolitionist, journalist, and social reformer. He is best known for his widely read anti-slavery newspaper The Liberator, which Garrison founded in 1831 and published in Boston until slavery in the United States was abolished by the Thirteenth Amendment in 1865.

<span class="mw-page-title-main">American Anti-Slavery Society</span> Abolitionist society in existence from 1833–1870

The American Anti-Slavery Society was an abolitionist society founded by William Lloyd Garrison and Arthur Tappan. Frederick Douglass, an escaped slave, had become a prominent abolitionist and was a key leader of this society, who often spoke at its meetings. William Wells Brown, also a freedman, also often spoke at meetings. By 1838, the society had 1,350 local chapters with around 250,000 members.

<span class="mw-page-title-main">Bleeding Kansas</span> Violent slavery-related confrontations in Kansas territory in latter half of 1850s

Bleeding Kansas, Bloody Kansas, or the Border War was a series of violent civil confrontations in Kansas Territory, and to a lesser extent in western Missouri, between 1854 and 1859. It emerged from a political and ideological debate over the legality of slavery in the proposed state of Kansas.

<span class="mw-page-title-main">Secret Six</span> Abolishonist conspiracy supporting John Brown

The so-called Secret Six, or the Secret Committee of Six, were a group of men who secretly funded the 1859 raid on Harper's Ferry by abolitionist John Brown. Sometimes described as "wealthy," this was true of only two. The other four were in positions of influence, and could, therefore, encourage others to contribute to "the cause."

<i>The Liberator</i> (newspaper) American abolitionist newspaper (1831–1865)

The Liberator (1831–1865) was a weekly abolitionist newspaper, printed and published in Boston by William Lloyd Garrison and, through 1839, by Isaac Knapp. Religious rather than political, it appealed to the moral conscience of its readers, urging them to demand immediate freeing of the slaves ("immediatism"). It also promoted women's rights, an issue that split the American abolitionist movement. Despite its modest circulation of 3,000, it had prominent and influential readers, including all the abolitionist leaders, among them Frederick Douglass, Beriah Green, Arthur and Lewis Tappan, and Alfred Niger. It frequently printed or reprinted letters, reports, sermons, and news stories relating to American slavery, becoming a sort of community bulletin board for the new abolitionist movement that Garrison helped foster.

<span class="mw-page-title-main">Henry A. Wise</span> American politician (1806–1876)

Henry Alexander Wise was an American attorney, diplomat, politician and slave owner from Virginia. As the 33rd governor of Virginia, Wise served as a significant figure on the path to the American Civil War, becoming heavily involved in the 1859 trial of abolitionist John Brown. After leaving office in 1860, Wise also led the move toward Virginia's secession from the Union in reaction to the election of Abraham Lincoln and the Battle of Fort Sumter.

<span class="mw-page-title-main">Gerrit Smith</span> American abolitionist and politician

Gerrit Smith, also spelled Gerritt Smith, was an American social reformer, abolitionist, businessman, public intellectual, and philanthropist. Married to Ann Carroll Fitzhugh, Smith was a candidate for President of the United States in 1848, 1856, and 1860, but only served a single term in the House of Representatives from 1853 to 1854.

<i>Virginia v. John Brown</i> Criminal trial held at Charles Town

Virginia v. John Brown was a criminal trial held in Charles Town, Virginia, in October 1859. The abolitionist John Brown was quickly prosecuted for treason against the Commonwealth of Virginia, murder, and inciting a slave insurrection, all part of his raid on the United States federal arsenal at Harpers Ferry, Virginia. He was found guilty of all charges, sentenced to death, and was executed by hanging on December 2. He was the first person executed for treason in the United States.

It was in many respects a most remarkable trial. Capital cases have been exceedingly few in the history of our country where trial and conviction have followed so quickly upon the commission of the offense. Within a fortnight from the time when Brown had struck what he believed to be a righteous blow against what he felt to be the greatest sin of the age he was a condemned felon, with only thirty days between his life and the hangman's noose.

<span class="mw-page-title-main">Oberlin–Wellington Rescue</span> 1858 event in leadup to American Civil War

The Oberlin–Wellington Rescue of 1858 in was a key event in the history of abolitionism in the United States. A cause celèbre and widely publicized, thanks in part to the new telegraph, it is one of the series of events leading up to Civil War.

<span class="mw-page-title-main">Andrew Hunter (lawyer)</span> American lawyer (1804–1888)

Andrew H. Hunter was a Virginia lawyer, slaveholder and politician who served in both houses of the Virginia General Assembly. He was the Commonwealth's attorney for Jefferson County, Virginia, who prosecuted John Brown for the raid on Harpers Ferry.

<span class="mw-page-title-main">Lewis Sheridan Leary</span> American abolitionist (1835–1859)

Lewis Sheridan Leary was an African-American harnessmaker from Oberlin, Ohio, who joined John Brown's raid on Harpers Ferry, where he was killed.

<span class="mw-page-title-main">John Anthony Copeland Jr.</span>

John Anthony Copeland Jr. was born free in Raleigh, North Carolina, one of the eight children born to John Copeland Sr. and his wife Delilah Evans, free mulattos, who married in Raleigh in 1831. Delilah was born free, while John was manumitted in the will of his master. In 1843 the family moved north, to the abolitionist center of Oberlin, Ohio, where he later attended Oberlin College's preparatory division. He was a highly visible leader in the successful Oberlin-Wellington Rescue of 1858, for which he was indicted but not tried. Copeland joined John Brown's raid on Harpers Ferry; other than Brown himself, he was the only member of John Brown's raiders that was at all well known. He was captured, and a marshal from Ohio came to Charles Town to serve him with the indictment. He was indicted a second time, for murder and conspiracy to incite slaves to rebellion. He was found guilty and was hanged on December 16, 1859. There were 1,600 spectators. His family tried but failed to recover his body, which was taken by medical students for dissection, and the bones discarded.

<span class="mw-page-title-main">Osborne Perry Anderson</span> African-American abolitionist

Osborne Perry Anderson was an African-American abolitionist and the only surviving African-American member of John Brown's raid on Harpers Ferry. He became a soldier in the Union Army during the American Civil War.

<span class="mw-page-title-main">John Brown's raid on Harpers Ferry</span> 1859 effort by abolitionist John Brown to initiate an armed slave revolt in Southern states

John Brown's raid on Harpers Ferry was an effort by abolitionist John Brown, from October 16 to 18, 1859, to initiate a slave revolt in Southern states by taking over the United States arsenal at Harpers Ferry, Virginia. It has been called the dress rehearsal for, or tragic prelude to, the Civil War.

<span class="mw-page-title-main">John Henry Kagi</span> American lawyer

John Henry Kagi, also spelled John Henri Kagi, was an American attorney, abolitionist, and second in command to John Brown in Brown's failed raid on Harper's Ferry. He bore the title of "Secretary of War" in Brown's "provisional government." At age 24, Kagi was killed during the raid. He had previously been active in fighting on the abolitionist side in 1856 in "Bleeding Kansas". He was an excellent debater and speaker.

The Heyward Shepherd monument is a monument in Harpers Ferry, West Virginia, constructed in 1931. It commemorates Heyward Shepherd, a free black man, who was the first person killed during John Brown's raid on Harpers Ferry. The monument was constructed to promote the pseudo-historical Lost Cause of the Confederacy myth, by falsely claiming that Shepherd was opposed to freeing the slaves.

<span class="mw-page-title-main">Isaac Shadd</span> American newspaper publisher and politician

Isaac D. Shadd was a newspaper publisher, printer, politician, and bookkeeper. Before the American Civil War, he and his sister Mary Ann Shadd moved to Chatham, Ontario, and published the anti-slavery newspaper, The Provincial Freeman. He and his wife taught at the Chatham Mission School. He was involved in the planning of the John Brown's raid on Harpers Ferry and led the Chatham Vigilance Committee to rescue Sylvanus Demarest in 1858. He returned to the United States and served as a member of the Mississippi House of Representatives during the Reconstruction era from 1871 until 1876. From 1874 to 1875, he was the Speaker of the House.

On Sunday night, October 16, 1859, the abolitionist John Brown led a motley band of 22 in a raid on the federal arsenal at Harpers Ferry, Virginia. Most were much younger than him, and varied dramatically in social class and education. "It would be hard to find again such a strange party as that which upheld John Brown in his daring expedition."

References

  1. Tsai, Robert L. (January 2010). "John Brown's Constitution". Boston College Law Review . 51 (1): 151–207. Archived from the original on May 25, 2021. Retrieved March 20, 2021.
  2. DeCaro, Louis A (2002). "Fire from the midst of you" : A Religious Life of John Brown. New York: New York University Press. p. 244. ISBN   9780814719220.
  3. "John Brown's Interview in the Charlestown (or Charles Town) Prison". October 18, 1859. Archived from the original on June 16, 2019. Retrieved September 10, 2020.
  4. Anderson, Osborne P. (1861). A Voice from Harpers Ferry; with incidents prior and subsequent to its capture by Capt. Brown and his men. Boston: The author. Archived from the original on 2015-10-31. Retrieved 2020-09-11.
  5. 1 2 Du Bois, W. E. Burghardt (1909). John Brown. (For the article on this biography, see John Brown (biography)). Philadelphia: George W. Jacobs.
  6. Reynolds, David S. (2006). John Brown, abolitionist : the man who killed slavery, sparked the Civil War, and seeded civil rights. New York: Vintage Books. ISBN   0375726152.
  7. "John Brown's Convention 1858". Historical Marker Database. Archived from the original on September 25, 2015. Retrieved September 23, 2022.
  8. Brown, John (October 1, 1859), (Title unknown), Clipping from unidentified newspaper., archived from the original on July 20, 2021, retrieved September 12, 2020
  9. "Further from Harper's Ferry!". Wheeling Daily Intelligencer . October 20, 1869. p. 3. Archived from the original on August 29, 2020. Retrieved August 18, 2020.
  10. Our own reporter (19 October 1859). "The late rebellion". The Daily Exchange (Baltimore, Maryland). p. 1. Archived from the original on 1 September 2020. Retrieved 18 August 2020.

Further reading

(Most recent first)