(This provisional constitution was introduced in Brown's trial by his lawyer, Samuel Chilton, to suggest that his actions at Harper's Ferry were not treasonous, but rather evidence of insanity. Chilton called the constitution "ridiculous nonsense--a wild, chimerical production" that "could only be produced by men of unsound minds." Given the context of the 1850's, however, Chilton's evaluation of the document seems unduly harsh.)
Provisional
Constitution and Ordinances for the people of the Whereas slavery, throughout
its entire existence in the United States, is none other than a most
barbarous,
unprovoked, and unjustifiable war of one portion of its citizens upon
another
portion-the only conditions 'of which are perpetual imprisonment and
hopeless
servitude or absolute extermination-in utter disregard and violation of
those
eternal and self-evident truths set forth in our Declaration of
Independence:
Qualifications
for membership All persons of mature
age,
whether proscribed, oppressed, and enslaved citizens, or of the
proscribed and
oppressed races of the United States, who shall agree to sustain and
enforce
the Provisional Constitution and Ordinances of this organization,
together with
all minor children of such persons, shall be held to be fully entitled
to
protection under the same.
Branches
of government. Legislative. Executive. The executive branch of
this organization shall consist of a President and Vice-President, who
shall be
chosen by the citizens or members of this organization, and each of
whom shall
hold his office for three years" unless sooner removed by death or for
inability or misconduct. Judicial ARTICLE
VI. Validity
of enactments. All enactments of the legislative branch
shall, to become valid during
the first three years, have the approbation of the President and of the
Commander-in-chief of the army.
Commander-in-chief. Officers. A Treasurer, Secretary of State, Secretary of
War, and Secretary of the
Treasury, shall each be chosen, for the first three years, in the same
way and
manner as the Commander-in-chief, subject to trial or removal on
complaint of
the President, Vice-President, or Commander in-chief, to the Chief
Justice of
the Supreme Court, or on complaint of the majority of the members of
said court
or the Provisional Congress. The Supreme Court shall have power to try
or
punish either of those officers, and their places shall be filled as
before. ARTICLE
IX. Secretary
of War. The Secretary of War shall be under the
immediate direction of the Commander-in-chief,
who may temporarily fill his place in case of arrest or of any
inability to
serve. Congress
or House of Representatives. The House of Representatives shall make
ordinances providing for the
appointment (by the President or otherwise) of all civil officers,
excepting
those already named; and shall have power to. make all laws and
ordinances for
the general good, not inconsistent with this Constitution and these
ordinances. Appropriation
of money, &c. The Provisional Congress shall have power to
appropriate money or other
property actually in the hands of the treasurer, to any object
calculated to
promote the general good, so far as may be consistent with the
provisions of
this constitution; and may, in certain cases, appropriate for a
moderate compensation
of agents, or persons not members of this organization, for any
important
service they are known to have rendered. ARTICLE XII. Special
duties. It shall be the duty
of Congress to provide for the instant removal of any civil officer or
policeman, who becomes habitually intoxicated, or who is addicted to
other
immoral conduct, or to any neglect or unfaithfulness in the discharge
of his
official duties. Congress shall also be a Standing Committee of Safety,
for the
purpose of obtaining important information; and shall be in constant
communication with the Commander-in-chief; the members of which shall
each, as
also the President, Vice-President, members of the Supreme Court, and
Secretary
of State, have full power to issue warrants, returnable as Congress
shall
ordain (naming witnesses, &c.,) upon their own information, without
the
formality of a complaint. Complaint shall be immediately made after
arrest, and
before trial; the party arrested to be served with a copy at once. Trial
of President and other Officers The President and
Vice-President may either of them be tried, removed, or punished, on
complaint
made to the Chief Justice of the Supreme Court, by a majority of the
House of
Representatives; which house together with the Associate Judges of the
Supreme
Court, the whole to be presided over by the Chief Justice in case of
the trial
of the Vice-President, shall have full power to try such officers, to
remove or
punish as the case may require, and to fill any vacancy so occurring,
the same
as in the case of the Commander-in-chief. ARTICLE
XIV. Trial
of members of Congress. The members of the
House of Representatives may, any and all of them, be tried, and, on
conviction, removed or punished, on complaint before the Chief Justice
of the
Supreme Court, made by any number of the members of said house
exceeding
one-third; which house, with the Vice-President and Associate Judges of
the
Supreme Court, shall constitute the proper tribunal with power to fill
such
vacancies. Impeachment
of Judges. Any member of the
Supreme Court may also be impeached, tried, convicted, or punished by
removal
or otherwise, Oil complaint to the President, who shall in such case,
preside;
the Vice-President, House of Representatives, and other members of the
Supreme
Court, constituting the proper tribunal, (with power to fill
vacancies,) on
complaint of a majority of said House of Representatives, or of the
Supreme
Court; a majority of the whole having power to decide. Duties
of President and Secretary of State. The President, with
the Secretary of State; shall, immediately upon entering on the duties
of their
office, give special attention to secure from amongst their own people,
men of
integrity, intelligence, and good business habits and capacity, and,
above an,
of first-rate moral and religious character and influence, to act as
civil
officers of every description and grade, as well as teachers,
chaplains,
physicians, surgeons, mechanics, agents of every description,
clerks, and
messengers. They shall make special efforts to induce, at the earliest
possible
period, persons and families of that description to locate themselves
within
the limits secured by this organization; and shall, moreover, from time
to
time, supply the names and residence of such persons to the Congress,
for their
special notice and information, as among the most important of their
duties;
and the President is herebyauth9rized and empowered to afford special
aid to
such individuals, from such moderate appropriations as the Congress
shall be
able and may deem advisable to make for that object. The President and
Secretary of State, and in all cases of disagreement the
Vice-President, shall
appoint all civil officers, but shall not have power to remove any
officer. All
removals shall be the result of a fair trial, whether civil or military. ARTICLE XVII. Further
duties. It shall be the duty
of the President and Secretary of State to find out (as soon as
possible) the
real friends as well as enemies of this organization in every part of
the
country; to secure among them innkeepers, private postmasters,
private mail
contractors, messengers, and agents, through whom may be obtained
correct and
regular information constantly; recruits for the service, places
of deposit
and sale, together with all needed supplies; and it shall be matter of
special
regard to secure such facilities through the northern States. Duty
of the President. It shall be the duty
of the President, as well as the House of Representatives, at all
times, to
inform the Commander-in-chief of any matter that may require his
attention, or
that may affect the public safety. Duty
of President, continued. It shall be the duty
of the President to see that the provisional ordinances of this
organization,
and those made by the Congress, are promptly and faithfully executed;
and he may,
in cases of great urgency, call on the Commander-in-chief of the army
or other
officers for aid; it being, however, intended that a sufficient civil
police
shall always be in readiness to secure implicit obedience to law. The
Vice-President. The
Vice-President shall be the presiding officer of the Provisional
Congress, and
in cases of tie shall give the casting vote. Vacancies. In case of the death,
removal, or inability of the President, the Vice President, and, next
to him,
the Chief Justice of the Supreme Court shall be the President during
the
remainder of the term; and the place of the Chief Justice, thus made
vacant,
shall be filled by Congress from' some of the members of said
court; and the
places of the Vice-President and Associate Justice, thus made vacant,
filled by
an election by the united action of the Provisional Congress and
members of the
Supreme Court. All other vacancies, not heretofore specially provided
for,
shall, during the first three years, be filled by the united action of
the
President, Vice-President, Supreme Court, and Commander-in-chief of the
army. ARTICLE XXII. Punishment
of crimes. The punishment of
crimes not capital, except in case of insubordinate convicts or other
prisoners, shall be (so far as may be) by hard labor on the public
works,
roads, &c. ARTICLE XXIII. Army
appointments. It shall be the duty
of all commissioned officers of the army to name candidates of merit,
for
office or elevation, to the Commander-in-chief, who, with the Secretary
of War,
and, in. cases of disagreement, the President, shall be the appointing
power of
the army; and all commissions of military officers shall bear the
signatures of
the Commander in-chief and the Secretary of War. And it shall be the
special
duty of the Secretary of War to keep for constant reference of the
Commander-in-chief a full list of names of persons nominated for office
or
elevation by the officers of the army, with the name and rank of the
officer
nominating, stating distinctly, but briefly, the grounds for such
notice or
nomination. The Commander-in-chief shall not have power to remove or
punish any
officer or soldier, but he may order their arrest and trial at any time
by
court-martial. ARTICLE XXIV. Courts-martial. Courts-martial for companies,
regiments, brigades, &c., shall be called by the chief officer of
each
command, on complaint to him by any officer, or any five privates in
such
command, and shall consist of not less than five nor more than nine
officers,
non-commissioned officers and privates, one half of whom shall not
be lower in
rank than the person on trial, to be chosen by the three highest
officers in
the command, which officers shall not be a part of such court. The
chief
officer of any command shall, of course, be tried by a court-martial of
the
command above his own. All decisions affecting the lives of
persons, or office
of persons holding commission, must, before taking full effect, have
the
signature of the Commander-in-chief, who may also, on the
recommendation of at
least one third of the members of the court-martial finding any
sentence, grant
a reprieve or commutation of the same. ARTICLE XXV. Salaries. No person connected
with this organization shall be entitled to any salary, pay, or
emolument,
other than a competent support of himself and family, unless it be from
an
equal dividend made of public property, on the establishment of
peace, or of
special provision by treaty; which provision shall be made for all
persons who
may have been in any active civil or military service at any time
previous to
any hostile action for liberty and equality. ARTICLE XXVI. Treaties
of peace. Before any treaty of
peace shall take full effect it shall be signed by the President and
Vice-President, the Commander-in-chief, a majority of the House of
Representatives, a majority of the Supreme Court, and a majority of all
the
general officers of the army. Duty
of the military. It shall be the duty
of the Commander-in-chief and all officers and soldiers of the army to
afford
special protection, when needed, to Congress or any member
thereof, to the
Supreme Court or any member thereof, to the President, Vice-President,
Treasurer, Secretary of State, Secretary of the Treasury, and Secretary
of War;
and to afford general protection to all civil officers or other
persons having
right to the same. ARTICLE XXVIII. Property. All captured or
confiscated property and all property the product of the labor of those
belonging to this organization and of their families, shall. be
held as the
property of the whole, equally, without distinction, and may be used
for the
common benefit, or disposed of for the same object; and any person,
officer, or
otherwise, who shall improperly retain, secrete, use, or needlessly
destroy
such property, or property found, captured, or confiscated, belonging
to the
enemy, or shall willfully neglect to render a full and fair statement
of such
property by him so taken or held, shall be deemed guilty of a
misdemeanor,
and, on conviction, shall be punished accordingly. ARTICLE XXIX. Safety or intelligence fund. All money, plate,
watches, or jewelry captured by honorable warfare, found, taken,
or
confiscated, belonging to the enemy, shall be held sacred to constitute
a
liberal safety or intelligence fund; and any person who shall
improperly
retain, dispose of, hide, use, or destroy such money or other article
above
named, contrary to the provisions and spirit of this article, shall be
deemed
guilty of theft, and, on conviction thereof, shall be punished
accordingly.
The treasurer shall furnish the Commander-in-chief at all times with a
full
statement of the condition of such fund, and its nature. The
Commander-in-chief and the treasury. Surplus
of the safety or intelligence fund. It shall be the duty of the
Commander-in-chief to advice the President of any surplus of the safety
and
intelligence fund, who shall have power to draw such surplus (his order
being
also signed by the Secretary of State) to enable him to carry out the
provisions of article seventeenth. Prisoners. No person, after
having surrendered himself or herself a prisoner, and who shall
properly demean
himself or herself as such, to any officer or private connected with
this
organization, shall afterward be put to death, or be subject to any
corporeal
punishment, without first having had the benefit of a fair and
impartial trial;
nor shall any prisoner be treated with any kind of cruelty, disrespect,
insult,
or needless severity; but it shall be the duty of all persons, male and
female,
connected herewith, at all times and under all circumstances, to treat
all such
prisoners with every degree of respect and kindness that the nature of
the
circumstances will admit of, and to insist on a like course of conduct
from all
others, as in the fear of Almighty God, to whose care and keeping we
commit our
cause. Voluntaries. All persons who may
come forward, and shall voluntarily deliver up their slaves, and have
their names
registered on the books of the organization, shall, so long as they
continue at
peace, be entitled to the fullest protection of person and property,
though not
connected with this organization, and shall be treated as friends and
not
merely as persons neutral. Neutrals. The persons and
property of all non-slaveholders, who shall remain absolutely neutral,
shall be
respected so far as the circumstances can allow of it, but they shall
not be
entitled to any active protection. ARTICLE XXXV. No needless waste. The needless waste or
destruction of any useful property or article by fire, throwing open of
fences,
fields, buildings, or needless killing of animals, or injury of either,
shall
not be tolerated at any time or place, but shall be promptly and
properly
punished. Property
confiscated. Desertion. Persons convicted on
impartial trial of desertion to the enemy, after becoming members,
acting as
spies, or of treacherous surrender of property, ammunition, provisions,
or
supplies of any kind, roads, bridges, persons, or fortifications shall
be put
to death, and their entire property confiscated. Violation
of parole of honor. Persons proven to be guilty of taking up arms
after having been set at
liberty on parole of honor, or, after the same, to have taken any
active part
with or for the enemy, direct or indirect, shall be put to death, and
their
entire property confiscated. All must labor. All persons connected
in any way with this organization, and who may be entitled to full
protection
under it, shall be held as under obligation to labor in some way for
the
general good; and persons refusing or neglecting so to do, shall, on
conviction, receive a suitable and appropriate punishment. Irregularities. Profane swearing,
filthy conversation, indecent behavior, or indecent exposure of the
person, or
intoxication or quarreling, shall not be allowed or tolerated, neither
unlawful
intercourse of the sexes. Crimes. Persons
convicted of the forcible violation of any female prisoner shall be put
to
death. ARTICLE XLII. The
marriage relation, schools, the Sabbath. The marriage relation
shall be at all times respected, and families kept together, as far as
possible; and broken families encouraged to reunite, and intelligence
offices
established for that purpose. Schools and churches established, as soon
as may
be, for the purpose of religious and other instructions; for the
first day of
the week, regarded as a day of rest, and appropriated to moral and
religious
instruction and improvement, relief of the suffering, instruction of
the young
and ignorant, and the encouragement of personal cleanliness; nor shall
any
persons be required on that day to perform ordinary manual labor,
unless in
extremely urgent cases. Carry
arms openly. All persons known to
be of good character and of sound mind and suitable age, who are
connected with
this organization, whether male or female, shall be encouraged to carry
arms
openly. No
person to carry concealed weapons. No person within the
limits of the conquered territory, except regularly appointed
policemen,
express officers of the army, mail carriers, or other fully accredited
messengers of the Congress, President, Vice President, members of the
Supreme
Court, or commissioned officers of the army-and those only under
peculiar
circumstances-shall be allowed at any time to carry concealed weapons;
and any
person not specially authorized so to do, who shall be found so doing,
shall be
deemed a suspicious person, and may at once be arrested by any officer,
soldier, or citizen, without the formality of a complaint or warrant,
and may at
once be subjected to thorough search, and shall have his or her case
thoroughly
investigated, and be dealt with as circumstances on proof shall require. Persons
to be seized. Persons within the
limits of the territory holden by this organization, not connected
with this
organization, having arms at all, concealed or otherwise, shall be
seized at
once, or, be taken in charge of some vigilant officer, and their case
thoroughly investigated; and it shall be the duty of all citizens and
soldiers,
as well as officers, to arrest such parties as are named in this and
the
preceding section or article, without the formality of complaint or
warrant;
and they shall be placed in charge of some proper officer for
examination or
for safekeeping. These
articles not for the overthrow of government.
ARTICLE
XLVII. No
plurality of offices. No
two of the offices specially provided for by this instrument shall be
filled by
the same person at the same time. Oath. Schedule. |