{"id":8891,"date":"2018-12-02T13:51:06","date_gmt":"2018-12-02T13:51:06","guid":{"rendered":"http:\/\/green-liberty.org\/circlesandsquares\/?p=8891"},"modified":"2018-12-04T13:37:03","modified_gmt":"2018-12-04T13:37:03","slug":"8891","status":"publish","type":"post","link":"https:\/\/green-liberty.org\/circlesandsquares\/2018\/12\/02\/8891\/","title":{"rendered":"John Brown and the Provisional Constitution"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><strong>\u201cThe Provisional Constitution and Ordinances for the people of the United States\u201d<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>\u201cThe Provisional\nConstitution and Ordinances for the people of the United States,\u201d in that it is\neven mentioned in historical texts, is dismissed as a document made up on the\nspot by John Brown\u2019s lawyer Samuel Chilton when he defended Brown during the\ntrial for insurrection for Brown\u2019s actions at Harper\u2019s Ferry in 1858. <\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>But the more one thinks about John Brown\u2019s actions, the clearer it becomes that this document was at the core of Brown\u2019s actions, and the actions of his supporters, and that they saw their efforts, including the provisional constitution, as being entirely legal and entirely moral in nature. <\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>From Brown\u2019s perspective,\nhe did not engage in insurrection at all, but rather the entire government of\nthe South, and to a large extent, that of the entire United States was so corrupt\nand so far from the word and the spirit of its own constitution that it lacked any\nlegitimacy. He presented a blue print for the rule by law and his actions were\nentirely legal and just from that point of view. \u201cThe Provisional Constitution\u201d\nstates that everyone, native, African American, immigrant, or otherwise is a\ncitizen of the nation. It is radical statement only in comparison with accepted\nthinking of elites at the time. The provisional constitution represents a most\nobvious conclusion coming from the careful reading of the Declaration of\nIndependence and the Constitution. &nbsp;<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>I am astonished at\nthe degree to which his narrative has been distorted and ignored so as to make\nit almost impossible to see him as anything but a radical. In fact, it was\nRobert E Lee who attacked John Brown for standing up for the spirit of the constitution.\nLee, not Brown, was the radical, the extremist. <\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>As we wrestle with\nthe complete decay of the rule of law today, it is critical that we read again what\nJohn Brown wrote back then. It is also critical that we understand that the\ntradition of constitutional law that we see in the United States Constitution\nof 1787 did not grow merely out of enlightenment thinking and the Magna Carta,\nbut that it also has deep roots in the <a href=\"https:\/\/therealnews.com\/stories\/what-can-humanity-learn-from-the-great-law-of-peace-1-2\">\u201cGreat Law of Peace\u201d<\/a> of the Iroquois\nConfederacy and other native constitutions. Written down in 1722, the \u201cGreat\nLaw of Peace\u201d dated back hundreds, if not thousands, of years and offered a\npowerful alternative to the exploitative tradition of the English colonies. <\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The Provisional\nConstitution was an attempt to fully embody the words of the constitution and\nperhaps its origins in the \u201cGreat Law of Peace\u201d and as such was perhaps not\nanywhere as radical as its critics later claimed. <\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Here is the full text of the \u201cProvisional Constitution\u201d<\/strong> <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Provisional Constitution and Ordinances for the people of the United\nStates.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">PREAMBLE.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Whereas slavery, throughout its entire existence in the United\nStates, is none other than a most barbarous, unprovoked, and unjustifiable war\nof one portion of its citizens upon another portion-the only conditions &#8216;of\nwhich are perpetual imprisonment and hopeless servitude or absolute\nextermination-in utter disregard and violation of those eternal and\nself-evident truths set forth in our Declaration of Independence:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Therefore, we, citizens of the United States, and the oppressed\npeople who, by a recent decision of the Supreme&#8217; Court, are declared to have no\nrights which the white man is bound to respect, together with all other people\ndegraded by the laws thereof, do, for the time being, ordain and establish for\nourselves the following Provisional Constitu\u00adtion and Ordinances, the better to\nprotect our persons, property, lives, and liberties, and to govern our actions<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nI<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Qualifications\nfor membership<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All persons of mature age, whether proscribed, oppressed, and\nenslaved citizens, or of the proscribed and oppressed races of the United\nStates, who shall agree to sustain and enforce the Provisional Constitution and\nOrdinances of this organization, together with all minor children of such\npersons, shall be held to be fully entitled to protection under the same.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Branches\nof government.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The provisional government of this organization shall consist of\nthree branches, viz: legislative, executive, and judicial.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Legislative.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The legislative branch shall be a Congress or House of\nRepresentative, composed of not less than five nor more than ten members, who\nshall be elected by all citizens of mature age and of sound mind con\u00adnected\nwith this organization, and who shall remain in office for three years, unless\nsooner removed for misconduct, inability, or by death. A majority of such\nmembers shall constitute a quorum.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nIV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Executive.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The executive branch of this organization shall consist of a\nPresident and Vice-President, who shall be chosen by the citizens or members of\nthis organization, and each of whom shall hold his office for three years&#8221;\nunless sooner removed by death or for inability or misconduct.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Judicial<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The judicial branch of this organization shall consist of one\nChief Justice of the Supreme Court and of four associate judges of said court,\neach constituting a circuit court. They shall each be chosen in the same manner\nas the President, and shall continue in office until their places have been\nfilled in the same manner by election of the citizens. Said court shall have\njurisdiction in all civil or criminal causes arising under this constitution,\nexcept breaches of the rules of war.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nVI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Validity\nof enactments.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All enactments of the legislative branch shall, to become valid\nduring the first three years, have the approbation of the President and of the\nCommander-in-chief of the army.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Commander-in-chief.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A Commander-in-chief of the army shall be chosen by the President,\nVice-President, a majority of the Provisional Congress, and of the Supreme\nCourt, and he shall receive his commission from the President, signed by the\nVice-President, the Chief Justice of the Supreme Court, and the Secretary of\nWar, and he shall hold his office for three years, unless removed by death or\non proof of incapacity or misbehavior. He shall, unless under arrest, (and\nuntil his place is actually filled as pro\u00advided for by this constitution,)\ndirect all movements of the army and advise with any allies. He shall, however,\nbe tried, removed, or pun\u00adished, on complaint of the President, by at least\nthree general officers, or a majority of the House of Representatives, or of\nthe Supreme Court; which House of Representatives, (the President presiding,)\nthe Vice-President, and the members of the Supreme Court, shall consti\u00adtute a\ncourt-martial for his trial; with power to remove or punish, as the case may\nrequire, and to fill his place, as above provided.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nVIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Officers.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A Treasurer, Secretary of State, Secretary of War, and Secretary\nof the Treasury, shall each be chosen, for the first three years, in the same\nway and manner as the Commander-in-chief, subject to trial or removal on\ncomplaint of the President, Vice-President, or Commander in-chief, to the Chief\nJustice of the Supreme Court, or on complaint of the majority of the members of\nsaid court or the Provisional Congress. The Supreme Court shall have power to\ntry or punish either of those officers, and their places shall be filled as\nbefore.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nIX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Secretary\nof War.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Secretary of War shall be under the immediate direction of\nthe Commander-in-chief, who may temporarily fill his place in case of arrest or\nof any inability to serve.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Congress\nor House of Representatives.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The House of Representatives shall make ordinances providing for\nthe appointment (by the President or otherwise) of all civil officers,\nexcepting those already named; and shall have power to. make all laws and\nordinances for the general good, not inconsistent with this Constitution and\nthese ordinances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Appropriation\nof money<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Provisional Congress shall have power to appropriate money\nor other property actually in the hands of the treasurer, to any object\ncalculated to promote the general good, so far as may be consistent with the\nprovisions of this constitution; and may, in certain cases, appropriate for a\nmoderate compensation of agents, or persons not members of this organization,\nfor any important service they are known to have rendered.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Special\nduties.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of Congress to provide for the instant\nremoval of any civil officer or policeman, who becomes habitually intoxicated,\nor who is addicted to other immoral conduct, or to any neglect or unfaithfulness\nin the discharge of his official duties. Congress shall also be a Standing\nCommittee of Safety, for the purpose of obtaining important information; and\nshall be in constant communication with the Commander-in-chief; the members of\nwhich shall each, as also the President, Vice-President, members of the Supreme\nCourt, and Secretary of State, have full power to issue warrants, returnable as\nCongress shall ordain (naming witnesses, &amp;c.,) upon their own information,\nwithout the formality of a complaint. Complaint shall be immediately made after\narrest, and before trial; the party arrested to be served with a copy at once.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Trial\nof President and other Officers<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The President and Vice-President may either of them be tried,\nremoved, or punished, on complaint made to the Chief Justice of the Supreme\nCourt, by a majority of the House of Representatives; which house together with\nthe Associate Judges of the Supreme Court, the whole to be presided over by the\nChief Justice in case of the trial of the Vice-President, shall have full power\nto try such officers, to remove or punish as the case may require, and to fill\nany vacancy so occurring, the same as in the case of the Commander-in-chief.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXIV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Trial\nof members of Congress.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The members of the House of Representatives may, any and all of\nthem, be tried, and, on conviction, removed or punished, on complaint before\nthe Chief Justice of the Supreme Court, made by any number of the members of\nsaid house exceeding one-third; which house, with the Vice-President and\nAssociate Judges of the Supreme Court, shall constitute the proper tribunal\nwith power to fill such vacancies.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Impeachment\nof Judges.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any member of the Supreme Court may also be impeached, tried,\nconvicted, or punished by removal or otherwise, Oil complaint to the President,\nwho shall in such case, preside; the Vice-President, House of Representatives,\nand other members of the Supreme Court, consti\u00adtuting the proper tribunal,\n(with power to fill vacancies,) on complaint of a majority of said House of\nRepresentatives, or of the Supreme Court; a majority of the whole having power\nto decide.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXVI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Duties\nof President and Secretary of State.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The President, with the Secretary of State; shall, immediately\nupon entering on the duties of their office, give special attention to secure\nfrom amongst their own people, men of integrity, intelligence, and good\nbusiness habits and capacity, and, above an, of first-rate moral and religious\ncharacter and influence, to act as civil officers of every description and\ngrade, as well as teachers, chaplains, physicians, sur\u00adgeons, mechanics, agents\nof every description, clerks, and messengers. They shall make special efforts\nto induce, at the earliest possible period, persons and families of that\ndescription to locate themselves within the limits secured by this\norganization; and shall, moreover, from time to time, supply the names and\nresidence of such persons to the Congress, for their special notice and\ninformation, as among the most important of their duties; and the President is\nherebyauth9rized and empowered to afford special aid to such individuals, from\nsuch moderate appropriations as the Congress shall be able and may deem\nadvisable to make for that object. The President and Secretary of State, and in\nall cases of disagreement the Vice-President, shall appoint all civil officers,\nbut shall not have power to remove any officer. All removals shall be the\nresult of a fair trial, whether civil or military.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Further\nduties.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of the President and Secretary of State to\nfind out (as soon as possible) the real friends as well as enemies of this\norganization in every part of the country; to secure among them inn\u00adkeepers,\nprivate postmasters, private mail contractors, messengers, and agents, through\nwhom may be obtained correct and regular in\u00adformation constantly; recruits for\nthe service, places of deposit and sale, together with all needed supplies; and\nit shall be matter of special regard to secure such facilities through the\nnorthern States.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Duty\nof the President.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of the President, as well as the House of\nRep\u00adresentatives, at all times, to inform the Commander-in-chief of any matter\nthat may require his attention, or that may affect the public safety.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXIX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Duty\nof President, continued.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of the President to see that the\nprovisional ordinances of this organization, and those made by the Congress,\nare promptly and faithfully executed; and he may, in cases of great urgency,\ncall on the Commander-in-chief of the army or other officers for aid; it being,\nhowever, intended that a sufficient civil police shall always be in readiness\nto secure implicit obedience to law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The\nVice-President.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Vice-President shall be the presiding officer of the\nProvisional Congress, and in cases of tie shall give the casting vote.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Vacancies.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In case of the death, removal, or inability of the President,\nthe Vice President, and, next to him, the Chief Justice of the Supreme Court\nshall be the President during the remainder of the term; and the place of the\nChief Justice, thus made vacant, shall be filled by Con\u00adgress from&#8217; some of the\nmembers of said court; and the places of the Vice-President and Associate\nJustice, thus made vacant, filled by an election by the united action of the\nProvisional Congress and members of the Supreme Court. All other vacancies, not\nheretofore specially provided for, shall, during the first three years, be\nfilled by the united action of the President, Vice-President, Supreme Court,\nand Commander-in-chief of the army.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Punishment\nof crimes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The punishment of crimes not capital, except in case of\ninsubordinate convicts or other prisoners, shall be (so far as may be) by hard\nlabor on the public works, roads, &amp;c.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Army\nappointments.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of all commissioned officers of the army to\nname candidates of merit, for office or elevation, to the Commander-in-chief,\nwho, with the Secretary of War, and, in. cases of disagreement, the President,\nshall be the appointing power of the army; and all commissions of military\nofficers shall bear the signatures of the Commander in-chief and the Secretary\nof War. And it shall be the special duty of the Secretary of War to keep for\nconstant reference of the Commander-in-chief a full list of names of persons\nnominated for office or elevation by the officers of the army, with the name\nand rank of the officer nominating, stating distinctly, but briefly, the grounds\nfor such notice or nomination. The Commander-in-chief shall not have power to\nremove or punish any officer or soldier, but he may order their arrest and\ntrial at any time by court-martial.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXIV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Courts-martial.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Courts-martial for companies, regiments, brigades, &amp;c.,\nshall be called by the chief officer of each command, on complaint to him by\nany officer, or any five privates in such command, and shall consist of not\nless than five nor more than nine officers, non-commissioned offi\u00adcers and\nprivates, one half of whom shall not be lower in rank than the person on trial,\nto be chosen by the three highest officers in the command, which officers shall\nnot be a part of such court. The chief officer of any command shall, of course,\nbe tried by a court-martial of the command above his own. All decisions\naffecting the lives of per\u00adsons, or office of persons holding commission, must,\nbefore taking full effect, have the signature of the Commander-in-chief, who\nmay also, on the recommendation of at least one third of the members of the\ncourt-martial finding any sentence, grant a reprieve or commutation of the\nsame.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Salaries.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No person connected with this organization shall be entitled to\nany salary, pay, or emolument, other than a competent support of himself and\nfamily, unless it be from an equal dividend made of public prop\u00aderty, on the\nestablishment of peace, or of special provision by treaty; which provision\nshall be made for all persons who may have been in any active civil or military\nservice at any time previous to any hostile action for liberty and equality.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXVI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Treaties\nof peace.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Before any treaty of peace shall take full effect it shall be\nsigned by the President and Vice-President, the Commander-in-chief, a majority\nof the House of Representatives, a majority of the Supreme Court, and a\nmajority of all the general officers of the army.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Duty\nof the military.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of the Commander-in-chief and all officers\nand soldiers of the army to afford special protection, when needed, to Con\u00adgress\nor any member thereof, to the Supreme Court or any member thereof, to the\nPresident, Vice-President, Treasurer, Secretary of State, Secretary of the\nTreasury, and Secretary of War; and to afford gen\u00aderal protection to all civil\nofficers or other persons having right to the same.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXVIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Property.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All captured or confiscated property and all property the\nproduct of the labor of those belonging to this organization and of their fami\u00adlies,\nshall. be held as the property of the whole, equally, without distinction, and\nmay be used for the common benefit, or disposed of for the same object; and any\nperson, officer, or otherwise, who shall improperly retain, secrete, use, or\nneedlessly destroy such property, or property found, captured, or confiscated,\nbelonging to the enemy, or shall willfully neglect to render a full and fair\nstatement of such property by him so taken or held, shall be deemed guilty of a\nmisde\u00admeanor, and, on conviction, shall be punished accordingly.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXIX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Safety\nor intelligence fund.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All money, plate, watches, or jewelry captured by honorable war\u00adfare,\nfound, taken, or confiscated, belonging to the enemy, shall be held sacred to\nconstitute a liberal safety or intelligence fund; and any person who shall\nimproperly retain, dispose of, hide, use, or destroy such money or other\narticle above named, contrary to the provisions and spirit of this article,\nshall be deemed guilty of theft, and, on con\u00adviction thereof, shall be punished\naccordingly. The treasurer shall furnish the Commander-in-chief at all times\nwith a full statement of the condition of such fund, and its nature.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The\nCommander-in-chief and the treasury.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Commander-in-chief shall have power to draw from the\ntreasury the money and other property of the fund provided for in article\ntwenty-ninth; but his orders shall be signed also by the Secretary of War, who\nshall keep strict account of the same subject to examination by any member of\nCongress or general officer.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Surplus\nof the safety or intelligence fund.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It shall be the duty of the Commander-in-chief to advice the\nPresident of any surplus of the safety and intelligence fund, who shall have\npower to draw such surplus (his order being also signed by the Secretary of\nState) to enable him to carry out the provisions of article seventeenth.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Prisoners.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No person, after having surrendered himself or herself a\nprisoner, and who shall properly demean himself or herself as such, to any\nofficer or private connected with this organization, shall afterward be put to\ndeath, or be subject to any corporeal punishment, without first having had the\nbenefit of a fair and impartial trial; nor shall any prisoner be treated with\nany kind of cruelty, disrespect, insult, or needless severity; but it shall be\nthe duty of all persons, male and female, connected herewith, at all times and\nunder all circumstances, to treat all such prisoners with every degree of\nrespect and kindness that the nature of the circumstances will admit of, and to\ninsist on a like course of conduct from all others, as in the fear of Almighty\nGod, to whose care and keeping we commit our cause.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Voluntaries.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All persons who may come forward, and shall voluntarily deliver\nup their slaves, and have their names registered on the books of the\norganization, shall, so long as they continue at peace, be entitled to the\nfullest protection of person and property, though not connected with this\norganization, and shall be treated as friends and not merely as persons\nneutral.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXIV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Neutrals.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The persons and property of all non-slaveholders, who shall\nremain absolutely neutral, shall be respected so far as the circumstances can\nallow of it, but they shall not be entitled to any active protection.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No\nneedless waste.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The needless waste or destruction of any useful property or\narticle by fire, throwing open of fences, fields, buildings, or needless\nkilling of animals, or injury of either, shall not be tolerated at any time or\nplace, but shall be promptly and properly punished.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXVI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Property\nconfiscated.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The entire personal and real property of all persons known to be\nacting either directly or indirectly with or for the enemy, or Found in arms\nwith them, or found willfully holding slaves, shall be confis\u00adcated and taken\nwhenever and wherever it may be found in either free or slave States.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Desertion.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Persons convicted on impartial trial of desertion to the enemy,\nafter becoming members, acting as spies, or of treacherous surrender of\nproperty, ammunition, provisions, or supplies of any kind, roads, bridges,\npersons, or fortifications shall be put to death, and their entire property\nconfiscated.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXVIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Violation\nof parole of honor.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Persons proven to be guilty of taking up arms after having been\nset at liberty on parole of honor, or, after the same, to have taken any active\npart with or for the enemy, direct or indirect, shall be put to death, and\ntheir entire property confiscated.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXXXIX.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All\nmust labor.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All persons connected in any way with this organization, and who\nmay be entitled to full protection under it, shall be held as under obligation\nto labor in some way for the general good; and persons refusing or neglecting\nso to do, shall, on conviction, receive a suitable and appropriate punishment.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXL.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Irregularities.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Profane swearing, filthy conversation, indecent behavior, or\nindecent exposure of the person, or intoxication or quarreling, shall not be\nallowed or tolerated, neither unlawful intercourse of the sexes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Crimes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Persons convicted of the forcible violation of any female\nprisoner shall be put to death.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The\nmarriage relation, schools, the Sabbath.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The marriage relation shall be at all times respected, and\nfamilies kept together, as far as possible; and broken families encouraged to\nreunite, and intelligence offices established for that purpose. Schools and\nchurches established, as soon as may be, for the purpose of reli\u00adgious and\nother instructions; for the first day of the week, regarded as a day of rest,\nand appropriated to moral and religious instruction and improvement, relief of\nthe suffering, instruction of the young and ignorant, and the encouragement of\npersonal cleanliness; nor shall any persons be required on that day to perform\nordinary manual labor, unless in extremely urgent cases.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Carry\narms openly.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All persons known to be of good character and of sound mind and\nsuitable age, who are connected with this organization, whether male or female,\nshall be encouraged to carry arms openly.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLIV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No\nperson to carry concealed weapons.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No person within the limits of the conquered territory, except\nregularly appointed policemen, express officers of the army, mail carriers, or\nother fully accredited messengers of the Congress, President, Vice President,\nmembers of the Supreme Court, or commissioned officers of the army-and those\nonly under peculiar circumstances-shall be allowed at any time to carry\nconcealed weapons; and any person not specially authorized so to do, who shall\nbe found so doing, shall be deemed a suspicious person, and may at once be\narrested by any officer, soldier, or citizen, without the formality of a\ncomplaint or warrant, and may at once be subjected to thorough search, and\nshall have his or her case thoroughly investigated, and be dealt with as\ncircumstances on proof shall require.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLV.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Persons\nto be seized.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Persons within the limits of the territory holden by this\norganiza\u00adtion, not connected with this organization, having arms at all,\nconcealed or otherwise, shall be seized at once, or, be taken in charge of some\nvigilant officer, and their case thoroughly investigated; and it shall be the\nduty of all citizens and soldiers, as well as officers, to arrest such parties\nas are named in this and the preceding section or article, without the\nformality of complaint or warrant; and they shall be placed in charge of some\nproper officer for examination or for safe\u00adkeeping.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLVI.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These\narticles not for the overthrow of government.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The foregoing articles shall not be construed so as in any way\nto encourage the overthrow of any State government, or of the general\ngovernment of the United States, and look to no dissolution of the Union, but\nsimply to amendment and repeal. And our flag shall be the same that our fathers\nfought under in the Revolution.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLVII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No\nplurality of offices.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">No two of the offices specially provided for by this instrument\nshall be filled by the same person at the same time.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ARTICLE\nXLVIII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Oath.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Every officer, civil or military, connected with this\norganization shall, before entering upon the duties of his office, make solemn\noath or affirmation to abide by and support this provisional constitution and\nthese ordinances; also every citizen and soldier, before being fully recognized\nas such, shall do the same.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Schedule.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The president of this convention shall convene, immediately on\nthe adoption of this instrument, a convention of all such persons as shall have\ngiven their adherence by signature to the constitution, who shall proceed to\nfill, by election, all offices specially named in said constitution, the\npresident of this convention presiding, and issuing commissions to such\nofficers elect; all such officers being thereafter elected in the manner\nprovided in the body of this instrument.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Source: <a href=\"http:\/\/www.famous-trials.com\/johnbrown\/614-browconstitution\">Provisional Constitution&nbsp;<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe Provisional Constitution and Ordinances for the people of the United States\u201d \u201cThe Provisional Constitution and Ordinances for the people of the United States,\u201d in that it is even mentioned in historical texts, is dismissed as a document made up on the spot by John Brown\u2019s lawyer Samuel Chilton when he defended Brown during the &#8230; <a title=\"John Brown and the Provisional Constitution\" class=\"read-more\" href=\"https:\/\/green-liberty.org\/circlesandsquares\/2018\/12\/02\/8891\/\" aria-label=\"Read more about John Brown and the Provisional Constitution\">Read more<\/a><\/p>\n","protected":false},"author":9296425,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_crdt_document":"","footnotes":""},"categories":[786],"tags":[],"class_list":["post-8891","post","type-post","status-publish","format-standard","hentry","category-essays"],"_links":{"self":[{"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/posts\/8891","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/users\/9296425"}],"replies":[{"embeddable":true,"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/comments?post=8891"}],"version-history":[{"count":0,"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/posts\/8891\/revisions"}],"wp:attachment":[{"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/media?parent=8891"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/categories?post=8891"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/green-liberty.org\/circlesandsquares\/wp-json\/wp\/v2\/tags?post=8891"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}