John Brown’s “Provisional Constitution” and “Declaration of Liberty”

In response to a recent question concerning the nature of a “provisional government of the United States,” I would like to repost my introduction to John Brown’s Provisionial Constitution and Declaration of Liberty from May 31, 2021.

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‘Tragic Prelude’ by John Steuart Curry

John Brown and his many supporters stood up against the crime of slavery and the corrupt and criminal administrative regime that enabled it in the 1850s. They proposed a provisional constitution that was not meant to be revolutionary, and a “Declaration of Liberty” intended to be an extension of the Declaration of Independence to all Americans.

Although many parts of the two texts are dated, or inappropriate to the current moment, the general import of Brown’s efforts is clearly relevent and provides us with a valuable historical precedent.

It is critical to note that although John Brown was tried and hanged for rebellion, that this argument was specious and fabricated by the criminal slave owners who were afraid that the Constitution might actually be interpreted to follow its original intent and thereby threaten their profits.

The Provisional Constitution, however, is explicit:

These articles not for the overthrow of government.

The foregoing articles shall not be construed so as in any way to encourage the overthrow of any State government, or of the general government of the United States, and look to no dissolution of the Union, but simply to amendment and repeal. And our flag shall be the same that our fathers fought under in the Revolution.

The situation is quite similar to the crisis we face today. Most certainly John Brown is an imperfect model, but he suggests something of what was possible and his work with Frederick Douglass was essential in assuring that the eventual conflict was not a meaningless brawl but had a deeper significance.

“Provisional Constitution and Ordinances for the people of the United States”

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“Declaration of Liberty”