CHAPTER X

THE PROVISIONAL GOVERNMENT

_Fear made the Gods; audacity, has made kings._

--CREBILLON

Before leaving Springdale for the East, Brown forwarded the ordnance

stores to his son John, at Conneaut, Ohio, who carefully concealed them.

Proceeding to Rochester, New York, he stopped at the home of Mr.

Douglass, where he remained until February 15th. From there he commenced

his correspondence with the men whom he hoped he could induce to advance

the necessary money to float, or to initiate, the revolution; and it was

at the Douglass home that he wrote and revised the constitution for the

Provisional Government which he intended to attempt to set up in the

Southern States. Mr. Douglass stated to Mr. Sanborn[288] that he had a

copy of this Constitution in Brown's own hand writing, "prepared by

himself at my house."

February 2d, he wrote to the Rev. Theodore Parker that he had nearly

perfected arrangements for carrying out an important measure in which

the "world had a deep interest, as well as Kansas," and that he only

lacked from five hundred to eight hundred dollars to enable him "to do

it." Also that it was the "same object for which he had asked for secret

service money last fall"; that he had written to some of their mutual

friends concerning the matter but that none of them understood his

"views as well as you do"; and that he could not explain them without

their committing themselves further than he knew of their doing, closing

with the question, "Do you know some parties whom you could induce to

give their abolition theories a thoroughly practical shape?... Do you

think any of my Garrisonian friends at Boston, Worcester, or any other

place, can be induced to supply a little 'straw' if I will absolutely

make 'bricks'?"[289]

He wrote letters in a similar vein to Gerrit Smith, to Mr. Stearns, to

Mr. Sanborn, and to Mr. Higginson, and sought to have a meeting with

these gentlemen at Mr. Smith's home on February 23d, at which he

intended to submit to them as much of his plans as he thought it

advisable for them to know, for their consideration and approval. Mr.

Sanborn alone responded to his call; he arrived at Peterboro on Monday

evening, February 22d. Brown had arrived there on the preceding

Thursday, and had gone over the scheme with Mr. Smith. During the night

of the 22d, Mr. Sanborn says, the whole outline of the campaign in

Virginia was laid before the little council. "In astonishment and almost

in dismay," they listened to the reading of the constitution that he had

prepared for the government of the territory which he proposed to

conquer; and to a recital of the details of the hazardous adventure. In

the discussion, he explained his "plan of organization, of

fortification, of occupation, and of settlement in the South" and of his

"retreat through the North," if retreat became necessary. He had

foreseen every difficulty they could suggest, and had provided for it

"in some manner." And then he had "God on his side." "If God be for us

who can be against us." All he asked for, in addition to the equipment

which he then had, was "but eight hundred dollars, and would think

himself rich with a thousand." With that he would open his campaign in

the spring, and he had no doubt that the enterprise "would _pay_" as he

said.[290]

The next day Mr. Smith and Mr. Sanborn took up Brown's proposition for

final consideration and agreed to sustain him in it. They reasoned in

this way:

To withhold aid would only delay, not prevent him; nothing

short of betraying him to the enemy would do that. Mr.

Smith restated in his eloquent way the daring propositions

of Brown, the import of which he understood fully; and then

said in substance: "You see how it is; our dear old friend

has made up his mind to this course and cannot be turned

from it. We cannot give him up to die alone; we must

support him. I will raise so many hundred dollars for him;

you must lay the case before your friends in Massachusetts,

and perhaps they will do the same. I see no other

way."[291] For myself I had reached the same conclusion,

and engaged to bring the scheme at once to the attention of

the three Massachusetts men to whom Brown had written, and

also to Dr. S. G. Howe, who had sometimes favored action

almost as extreme as this proposed by Brown.

As to Mr. Smith, he had approved of Colonel Forbes, to whom he gave one

hundred and fifty dollars, and thought that he would "make himself very

useful in our sacred Kansas work." He approved of Brown's "effort to

seduce the soldiers of the Union" and thought his tract, "The Duty of

the Soldier," very well written. After his declaration to Thaddeus

Hyatt:[292] "We must not shrink from fighting for Liberty--& if the

Federal troops fight against her we must fight against them," he had not

far to go to approve of the insurrection and invasion which Brown now

contemplated.

The outcome of the Peterboro conference was satisfactory. Brown

skillfully put his public affairs in the hands of a committee--a war

committee, composed of friends who, he had reason to believe, would

finance his adventure. He therefore directed his energies to the task of

strengthening his organization for the work before him. Among those whom

he sought to enlist under his banner was Mr. Sanborn. To him he wrote

from Peterboro February 24th:[293]

MY DEAR FRIEND: Mr. Morton[294] has taken the liberty of

saying to me that you felt half inclined to make a common

cause with me. I greatly rejoiced for I believe when you

come to look at the ample field I labor in, and the rich

harvest which not only this entire country but the whole

world during the present and future generations may reap

from its successful cultivation, you will feel that you are

out of your element until you find that you are in it, an

entire unit. What an inconceivable amount of good you might

so effect by your counsel, your example, your

encouragement, your natural and acquired ability for active

service! And then how very little we can possibly lose!

Certainly the cause is enough to _live_ for, if not

to--for. I have only had this one opportunity, in a life of

nearly sixty years; and could I be continued ten times as

long again, I might not have again an equal opportunity.

God has honored but comparatively a very small part of

mankind with any possible chance for such mighty and soul

satisfying rewards. But my dear friend if you should make

up your mind to do so, I trust it will be wholly from the

prompting of your own spirit after you have thoroughly

counted the cost. I would flatter no man into such a

measure, if I could do so ever so easily.

I expect nothing but to "endure hardness"; but I expect to

effect a mighty conquest, even though it be like the last

victory of Samson. I felt for a number of years in earlier

life, a steady, strong desire to die; but since I saw any

prospect of becoming a reaper in the great harvest, I have

not only felt quite willing to live, but have enjoyed life

much; and am now rather anxious to live for a few years

more.

It is inconsistent with the tenor of this letter, to draw from it the

conclusion that the "mighty conquest" was a profitless "foray," or a

"raid," that Brown thus invited Mr. Sanborn to engage in; nor did the

latter so understand it. On the contrary he took the proposal seriously,

and was deeply impressed with the broad significance of the undertaking

herein dimly foreshadowed. Commenting thereon he, consistently, said:

Till I follow my noble friend to the other world, on which

his hopes were fixed, I can never read this letter without

emotion. Yet it did not persuade me to comply with his

wish. Long accustomed to guide my life by leadings and

omens from that shrine whose oracles may destroy but can

never deceive, I listened in vain, through months of doubt

and anxiety, for a clear and certain call. But it was

revealed to me that no confidence could be too great, no

trust or affection too extreme toward this aged, poor man

whom the Lord had chosen as his champion.

One might venture to suggest, in this connection, that Mr. Sanborn's

failure to catch any note of a "clear and certain call" during his

months of doubt and anxiety, might be due, possibly, to facts or

conditions existing in the Omnipotent economy. God, "whose mercy

endureth forever," may not have desired that a "generation should pass

off the face of the earth," at that time, "by a violent death." Also,

the absence of any evidence of the Divine approval of Brown's scheme,

raises a question of doubt, that the Lord had really appointed "this

aged poor man as his chosen champion." While, on the other hand, the

lamentable failure of the expedition undertaken in the accomplishment of

this enterprise; and the overwhelming wreck and ruin of those who

engaged in it, point to the theory that God, if he took any active

participation in the matter at all, was opposed to Brown--that he was on

the other side--on the side of the generation of men, women, and

children, who, trusting in His mercy, lived in innocent ignorance of

Brown's plot to destroy them.

Leaving Peterboro on the 24th, Brown began a tour among the colored

people to unite them in support of his campaign. February 26th, to March

3d, he was at Brooklyn at the home of Dr. and Mrs. J. N. Gloucester,

wealthy colored people, and sought their assistance. From Brooklyn he

went to Boston. From there, March 4th, he wrote to his son John:[295]

"As it may require some time to hunt out friends at Bedford,

Chambersburg, Gettysburg, Hagerstown, Md. _or even Harper's Ferry, Va._,

I would like to have you arrange your business so as to set out very

soon." March 6th, he was again at Boston, and on the 15th, at

Philadelphia again, where he met Rev. Stephen Smith, Frederick Douglass,

Rev. Henry H. Garnett, William Sill, and other colored men. His son John

met him there by appointment and thence they went to New York, New

Haven, and to North Elba, where they arrived March 23d. April 2d, they

were at Peterboro for consultation with Gerrit Smith, and from there

they went to Rochester, where they separated. From Rochester, Brown went

to St. Catherine, Canada, in company with a colored man--J. W.

Loguen--where they met, by appointment, Mrs. Harriet Tubman, colored,

known as the "Moses of her People." Brown was cordially received by the

Canadian negroes. They listened to his statement of the things that he

intended to do for their race, and gave him encouragement to believe

that many of them would enter his service.

Believing the money which had been pledged would be promptly furnished,

Brown launched his enterprise, and called a constitutional convention to

meet at Chatham, Canada, to formally adopt a "Provisional Constitution

and Ordinances, for the people of the United States." He then proceeded

to Springdale to report the situation to his captains.

The war party left Springdale April 27th, and arrived at Chatham on the

29th, Brown stopping at the home of James M. Bell, a colored man.

Notices calling the convention were immediately sent out; the form, as

drawn by Cook, was as follows:

Chatham, May -- 1859.

Mr. ----.: Dear Sir:--We have issued a call for a very

_quiet_ Convention at this place, to which we shall be

very happy to see any true friends of freedom and to which

you are most earnestly invited to give your attendance.

Yours respectfully,

JOHN BROWN.

The convention was represented, at Chatham, as being a meeting for the

purpose of organizing a Masonic (colored) lodge; it met May 8th, at 10

o'clock A. M. Only Brown's party and thirty-four colored men were

present. Richard Realf, in his testimony before the Mason Committee,

said that Brown opened the convention with an explanation of the

purposes for which it had been called. That he spoke of the manner in

which he had qualified himself for leadership--by a tour of the European

continent, inspecting all fortifications, especially all earthwork

forts, that he could find, intending to apply such knowledge, with

modifications and inventions of his own, to the warfare he now proposed

to undertake. "He spoke of his studies of Roman warfare, and of Schamyal

the Circassian chief, and of his knowledge of conditions in Hayti, and

of Toussaint L'Ouverture." He said that he expected all the free negroes

in the Northern States to flock to his standard, as well as the negroes

of the Southern States. Mr. Realf further stated that "no salaries were

to be paid to the officers" under this constitution. That it was "purely

out of that which we supposed to be philanthropy--love for the

slave."[296]

After the address Brown produced a copy of the "Provisional

Constitution." The articles were read and adopted unanimously. Each

person present then signed the constitution, and swore allegiance to the

Provisional Government.[297] The nature and purposes of Brown's invasion

of Virginia, in October, 1859, are disclosed in the forty-eight articles

contained in this remarkable historical document.[298]

At a meeting held in the evening, John Brown was elected

commander-in-chief and John H. Kagi. secretary of war. The balloting

for offices was continued on Monday, May 10th, and Richard Realf was

elected secretary of state, George B. Gill, secretary of the treasury,

Owen Brown, treasurer, and Osborn P. Anderson and Alfred M. Ellsworth,

colored, were elected members of Congress.

Article I, of the constitution, provides for qualification of

membership, and includes "all persons of mature age whether proscribed,

oppressed, and enslaved citizens, or of proscribed and oppressed races

of the United States, who shall agree to sustain and enforce the

Provisional Constitution and ordinances of organization, together with

all minor children of such persons, shall be held to be fully entitled

to protection under the same." Articles II, III, IV, and V relate to the

branches of government: Legislative, executive and judicial. A number of

articles relate to the trial of officers, impeachment, or recall of

judges, army appointments, etc., etc. Article XXVIII treats of

"Property." It recites that "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." Article XXXVI is

especially instructive. It reads as follows:

"The entire personal and real property of all persons known to be

acting, either directly or indirectly, with or for the enemy, or found

in arms with them, or found willfully holding slaves, shall be

confiscated and taken whenever and wherever it may be found, in either

Free or Slave States."

Mr. Sanborn says this constitution will be found "well suited to its

purpose--the government of a territory in revolt, of which the chief

occupants should be escaped slaves," an opinion which assumes that the

white population had, in some manner, been eliminated from the

"territory in revolt."

The plan of government was written by Brown, and was adopted in a

solemn manner by sane men, who signed it; and copies of this

Constitution and Ordinances, Brown took with him to Harper's Ferry; and

on the 18th of October, 1859, personally referred to it as an exhibit of

his purposes for being there; and stated that it had been his intention

to have a large number of copies of it printed, and distributed "at

large," so that all might know the character of his invasion. And yet,

after the lapse of fifty years, comes an oracular disquisitor, who, with

an assurance de luxe, asserts that Brown and his followers did not

intend to establish a Provisional Government in the South, or to do any

of the things provided for in this infallible utterance; that his

invasion of Virginia was not an invasion, but a "raid" to carry off some

slaves, which, if successful, would be followed by further guerrilla

warfare in the mountains of Virginia.

Referring, with undisguised impatience, to the irrelation of the

"Constitution and Ordinances" to his conception of what Brown's purposes

were, or to what he desires the historian to declare Brown's purposes to

have been, he says, that "it actually contemplates not merely the

government of forces in armed insurrection against sovereign States,"

but that it "actually goes so far as to establish courts, a regular

judiciary and a Congress." And, "as if that were not enough it provides

for" such heresies in guerrilla warfare as "schools for that same

training of the freed slaves in manual labor which is today so widely

hailed as the readiest solution of the negro problem. Churches too were

to be 'established as soon as may be'--as if anything could be more

inconsistent with his fundamental plan"; which Mr. Villard then

magisterially states was to "break his forces up into small bands hidden

in mountain fastnesses, subsisting as well as possible off the land, and

probably unable to communicate with each other. At this and at other

points," he says, "the whole scheme forbids discussion as a practical

plan of government for such an uprising as was to be carried out by a

handful of whites and droves of utterly illiterate and ignorant blacks,

and may stand as a chief indictment of Brown's saneness of judgment and

of his reasoning powers"; admitting however, that "as a chart for the

course of a State about to secede from the Union and to maintain itself

during a regular revolution, the document was also not without its

admirable features."

Commenting upon the condition of Brown's mind at the time he wrote this

paper, Mr. Villard says that it was "fanatical, concentrated on one idea

to the danger point, but still it remained a mind capable of expressing

itself with rare clearness and force, focussing itself with intense

vigor on the business in hand and going straight to the end in

view."[299]

The preceding clause is in itself a refutation of the author's

criticism. If it be true that when Brown drew up this paper "his mind

was capable of expressing itself with clearness, focussing itself with

vigor on the business in hand and of going straight to the end in view,"

then it must be admitted that the document which he penned was not

intended to serve a purpose so trifling as a _raid_, but that it was

what it purported to be--a form of government or charter for a state

during a period of revolution.

It will be observed that it is not the practicability of a revolution,

such as the provisions of this document would be consistent with, that

constitutes the indictment of Brown's saneness and reasoning powers; but

the fact that the provisions of the constitution are inconsistent with

this author's invention of what Brown's plans were: "A plan of

government for small forces of whites and runaway slaves acting

separately as guerilla bands in mountain fastnesses." It is strictly

true that the provisions of the constitution are so inconsistent with

this fiction as to forbid discussion; but that fact should not

constitute an indictment of _Brown's_ sanity. It merely emphasizes the

fact that there is disagreement between John Brown and his biographer

of fifty years after, concerning the purpose for which Brown wrote the

provisional constitution and ordinances, and suggests, as a bare

possibility of the case, that the assumptions of the biographer as to

what that purpose was may be inconsistent with the tenor of the

constitution. If this biographer had been less eager to confirm in

history the theory that it was a foray or a raid that Brown sought to

execute at Harper's Ferry, he would have discovered that Brown intended

to organize a thorough-going army there,[300] instead of sporadic

guerrilla bands; and that he intended to extend the jurisdiction of this

Provisional Government over the State of Virginia and the South.

It was Brown's intention to begin his campaign at once, May 15th being

the date named; and something, probably, would have happened if he had

received the one thousand dollars promptly, that had been pledged in his

support. Realf, on his arrival at Chatham, wrote that they would remain

there until they had perfected their plans, "which will be in about ten

days or two weeks," after which they would "start for China."[301] Cook

also had something to say. He wrote to some young ladies at Springdale:

... I long for the 10th of May to come. I am anxious to

leave this place, to have my mind occupied with the great

work of our mission.... Through the dark gloom of the

future, I fancy I can almost see the dawning of light of

Freedom.... That I can almost hear the swelling Anthem of

Liberty rising from the millions who have but just cast

aside the fetters and the shackles that bound them. But ere

that day arrives, I fear that we shall hear the crash of

the battle shock and see the red gleaming of the cannon's

lightning.[302]

The seance closed abruptly on the 10th, owing to a collapse of the

exchequer; whereupon the cabinet officials and officers of the general

staff were furloughed, without pay, until such time as they would be

called upon to report to the commander-in-chief for service. They went

to Cleveland, Ohio, and it is said that some of them chafed under the

hardships and inconveniences of earning a living; with the result that a

spasm of "philanthropy and love for the slave" became imminent among

them. So pronounced were the symptoms that the honorable secretary of

state, Mr. Realf, on May 23d, in an official note to the

commander-in-chief, declared that unless "relief" were provided

speedily, those affected might be so inspired by philanthropy and love

for the slave as to "go South and raid by themselves."[303]

The failure to finance the Provisional Government was a result of a

flurry on the bourse, that had its origin in the activities of Colonel

Forbes. He was threatening the rear of Brown's communications. About the

last of April, he wrote from Washington to Mr. Sanborn and to Dr. Howe,

declaring his intention to give publicity to Brown's scheme. A "hurry

call" was accordingly sent out for a meeting of the war committee. At a

conference, May 2d, Mr. Parker and Mr. Steams thought "the plan" should

be "deferred till another year." Dr. Howe thought differently, while Mr.

Sanborn, whose mind was not working forcefully, was in a state of doubt,

which he expressed, May 5th, in a letter to Mr. Higginson.[304] Gerrit

Smith voted with Stearns and Parker. He wrote May 7th: "It seems to me

that in these circumstances Brown must go no further; and I so write

him."[305] May 9th, Higginson voted with Howe. He wrote: "I regard any

postponement as simply abandoning the project." A letter of the 9th from

Hon. Henry Wilson to Dr. Howe, settled the question. He went into the

matter a little deeper, and suggested that their actions might involve

others. He pointed out that if the arms in Brown's possession were used

for any other purpose than to "arm some force in Kansas for defense, _it

might be of disadvantage to the men who were induced to contribute to

that very foolish movement_"; and advised them to "get the arms out of

Brown's control, and keep clear of him, at least for the present."[306]

To this letter Dr. Howe replied on the 12th:

I understand perfectly your meaning. No countenance has

been given Brown for any operations outside of Kansas _by

the Kansas Committee_. I had occasion a few days ago to

send him an earnest message from his friends here, urging

him at once to go to Kansas and take part in the coming

election, and throw the weight of his influence upon the

side of right.... There is in Washington a disappointed and

malicious man working with all the activity which hate and

revenge can inspire to harm Brown, and to cast odium upon

the friends of Kansas in Massachusetts. You probably know

him. He has been to see Mr. Seward. Mr. Hale also can tell

you something about him. God speed the right.[307]

May 15th, he wrote Mr. Wilson, relating to the arms, that "prompt

measures have been taken and will be resolutely followed up to prevent

any such monstrous perversion of a trust as would be the application of

means raised for the defense of Kansas, to a purpose which the

subscribers of the fund would disapprove and violently condemn."[308]

Because of these letters Dr. Howe has been severely criticised; and by

Rear Admiral Chadwick unjustly charged with "gross prevarication."[309]

But, in a time of war, would the distinguished admiral hesitate to

deceive the enemy in a similar manner? The things which the Doctor said

were, of course, untrue, but in saying them he did not intend to wrong

the Senator or to deceive him to his disadvantage. The correspondence

was not personal; Senator Wilson was an intermediary, or a medium of

communication between Colonel Forbes and Brown's war committee. Howe,

acting-for the committee, had the right to deceive the enemy--Forbes--in

this manner. The letters he wrote were a stratagem of the war it was

promoting. Brown would have disposed of Forbes in a more heroic manner.

He wrote from Chatham: "We have those who are thoroughly posted up"

(professional assassins) "to put upon his track and we beg to be allowed

to do so."[310]

On May 14th, Mr. Stearns wrote to Brown enclosing a copy of Senator

Wilson's letter, also notifying him officially, as chairman of the

Massachusetts State Kansas Committee, that the arms in his care

belonging to the committee must not be used for any other purpose than

for the defense of Kansas.[311] He then forestalled any possibility of

future complication relating to the arms by foreclosing a lien, which he

is said to have held, on all the property of the committee; and having

thus obtained the title to the arms, he placed them in Brown's

possession as his personal agent. By this arrangement, Mr. Sanborn says,

The business of the Kansas Committee was put in such shape

that its responsibility for the arms in Brown's possession

should no longer fetter his friends in aiding his main

design.

But as to the character of the transaction he was not quite assured. "It

is still a little difficult," he said, "to explain this transaction

without leaving a suspicion that there was somewhere a breach of trust."

It was also agreed between them that Brown should not further inform the

members of the war committee of his plans in detail, nor "burden

them with knowledge that would be to them both needless and

inconvenient."[312] May 15th, Mr. Stearns wrote to Brown asking him to

come to New York during the next week for consultation; but for reasons

that have not been stated the meeting did not take place; it was

probably called off because arrangements were made for a more

interesting function.

Then as now, there was a Peace Society in existence. Mr. Gerrit Smith

was coming to Boston to deliver an address at its anniversary; and it

was decided to take advantage of his presence in the city, to have a

full meeting of the secret war committee which, Mr. Sanborn says, had

been organized in March, and consisted of Gerrit Smith, Theodore Parker,

Doctor Howe, T. W. Higginson, George L. Stearns, and himself. Mr. Smith

arrived and took lodgings at the Revere House. The committee held its

meeting, at his rooms, on the 24th of May. At this council it was

finally decided to postpone the campaign until the winter or spring of

1859, when the committee would raise for Brown "two or three thousand

dollars."[313]

Mr. Smith, because of his great zeal in the promotion of peace, had the

honor of being chosen to deliver the address at the anniversary of the

Peace Society, and, because of a similar zeal in the promotion of war,

he had the honor of being chosen to preside, as chairman, over the

Revere House deliberations of the war committee. It may be assumed,

because of his versatility, that he acquitted himself creditably in both

of these positions.

The impossibility of harmonizing the public professions of these

apostles of peace, with their secret undertakings as ministers of war,

discourages analyzation of their philosophy; and for the same reason,

discussion of questions of moral obliquity, or of commercial

irregularity in their actions or in the actions of any of them, in

juggling with the liability for Brown's war equipment, and in financing

an assault upon a State of this Union, may be dismissed as being without

profit.

May 31st, Brown returned to Boston full of regret because of the

postponement of the invasion; but with the arms securely in his

possession and with the $500 in gold in his pockets, which his committee

gave him as a salve to soothe his wounded hope; and with the decision of

the Revere House council to raise "two or three thousand dollars" for

his campaign the next spring, his spirits rose, and he left Boston for

North Elba well satisfied with the outcome of the flurry.

June 20th, he went to Cleveland and disposed of the staff, dividing with

them the $500, and making such arrangements for them as circumstances

permitted. Cook was sent to Harper's Ferry, to reconnoiter the field,

and obtain statistics and other information. It is also probable that

Brown would have joined him and begun the work of agitating the slaves

for the coming revolt, if the news from Kansas had not offered an

opportunity for "other occupations." The "disturbances" there,

culminating in the tragedy on the Marias des Cygnes, May 19th, appealed

to him with irresistible force. They "were the immediate cause of his

return to Kansas."[314]

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