The Duty of Civil Disobedience
by
Henry David Thoreau
and in
Spanish
- 1849 -
comments below
.
I heartily accept the motto, "That government is best which governs least"; and
I should like to see it acted up to more rapidly and systematically. Carried
out, it finally amounts to this, which also I believe "That government is best
which governs not at all"; and when men are prepared for it, that will be the
kind of government which the will have. Government is at best but an expedient;
but most governments are usually, and all governments are sometimes,
inexpedient. The objections which have been brought against a standing army,
and they are many and weighty, and deserve to prevail, may also at last be
brought against a standing government. The standing army is only an arm of the
standing government. The government itself, which is only the mode which the
people have chosen to execute their will, is equally liable to be abused and
perverted before the people can act through it. Witness the present Mexican
war, the work of comparatively a few individuals using the standing government
as their tool; for in the outset, the people would not have consented to this
measure.
This American government - what is it but a tradition, though a recent one,
endeavoring to transmit itself unimpaired to posterity, but each instant losing
some of its integrity? It has not the vitality and force of a single living
man; for a single man can bend it to his will. It is a sort of wooden gun to
the people themselves. But it is not the less necessary for this; for the
people must have some complicated machinery or other, and hear its din, to
satisfy that idea of government which they have. Governments show thus how
successfully men can be imposed upon, even impose on themselves, for their own
advantage. It is excellent, we must all allow. Yet this government never of
itself furthered any enterprise, but by the alacrity with which it got out of
its way. It does not keep the country free. It does not settle the West. It
does not educate. The character inherent in the American people has done all
that has been accomplished; and it would have done somewhat more, if the
government had not sometimes got in its way. For government is an expedient, by
which men would fain succeed in letting one another alone; and, as has been
said, when it is most expedient, the governed are most let alone by it. Trade
and commerce, if they were not made of india-rubber, would never manage to
bounce over obstacles which legislators are continually putting in their way;
and if one were to judge these men wholly by the effects of their actions and
not partly by their intentions, they would deserve to be classed and punished
with those mischievious persons who put obstructions on the railroads.
But, to speak practically and as a citizen, unlike those who call themselves
no-government men, I ask for, not at one no government, but at once a better
government. Let every man make known what kind of government would command his
respect, and that will be one step toward obtaining it.
After all, the practical reason why, when the power is once in the hands of the
people, a majority are permitted, and for a long period continue, to rule is
not because they are most likely to be in the right, nor because this seems
fairest to the minority, but because they are physically the strongest. But a
government in which the majority rule in all cases can not be based on justice,
even as far as men understand it. Can there not be a government in which the
majorities do not virtually decide right and wrong, but conscience? - in which
majorities decide only those questions to which the rule of expediency is
applicable? Must the citizen ever for a moment, or in the least degree, resign
his conscience to the legislator? Why has every man a conscience then? I think
that we should be men first, and subjects afterward. It is not desirable to
cultivate a respect for the law, so much as for the right. The only obligation
which I have a right to assume is to do at any time what I think right. It is
truly enough said that a corporation has no conscience; but a corporation on
conscientious men is a corporation with a conscience. Law never made men a whit
more just; and, by means of their respect for it, even the well-disposed are
daily made the agents on injustice. A common and natural result of an undue
respect for the law is, that you may see a file of soldiers, colonel, captain,
corporal, privates, powder-monkeys, and all, marching in admirable order over
hill and dale to the wars, against their wills, ay, against their common sense
and consciences, which makes it very steep marching indeed, and produces a
palpitation of the heart. They have no doubt that it is a damnable business in
which they are concerned; they are all peaceably inclined. Now, what are they?
Men at all? or small movable forts and magazines, at the service of some
unscrupulous man in power? Visit the Navy Yard, and behold a marine, such a man
as an American government can make, or such as it can make a man with its black
arts - a mere shadow and reminiscence of humanity, a man laid out alive and
standing, and already, as one may say, buried under arms with funeral
accompaniment, though it may be, "Not a drum was heard, not a funeral note, As
his corse to the rampart we hurried; Not a soldier discharged his farewell shot
O'er the grave where out hero was buried."
The mass of men serve the state thus, not as men mainly, but as machines, with
their bodies. They are the standing army, and the militia, jailers, constables,
posse comitatus, etc. In most cases there is no free exercise whatever of the
judgement or of the moral sense; but they put themselves on a level with wood
and earth and stones; and wooden men can perhaps be manufactured that will
serve the purpose as well. Such command no more respect than men of straw or a
lump of dirt. They have the same sort of worth only as horses and dogs. Yet
such as these even are commonly esteemed good citizens. Others - as most
legislators, politicians, lawyers, ministers, and office-holders - serve the
state chiefly with their heads; and, as the rarely make any moral distinctions,
they are as likely to serve the devil, without intending it, as God. A very
few - as heroes, patriots, martyrs, reformers in the great sense, and men - serve
the state with their consciences also, and so necessarily resist it for the
most part; and they are commonly treated as enemies by it. A wise man will only
be useful as a man, and will not submit to be "clay," and "stop a hole to keep
the wind away," but leave that office to his dust at least: "I am too high born
to be propertied, To be a second at control, Or useful serving-man and
instrument To any sovereign state throughout the world."
He who gives himself entirely to his fellow men appears to them useless and
selfish; but he who gives himself partially to them in pronounced a benefactor
and philanthropist.
How does it become a man to behave toward the American government today? I
answer, that he cannot without disgrace be associated with it. I cannot for an
instant recognize that political organization as my government which is the
slave's government also.
All men recognize the right of revolution; that is, the right to refuse
allegiance to, and to resist, the government, when its tyranny or its
inefficiency are great and unendurable. But almost all say that such is not the
case now. But such was the case, they think, in the Revolution of '75. If one
were to tell me that this was a bad government because it taxed certain foreign
commodities brought to its ports, it is most probable that I should not make an
ado about it, for I can do without them. All machines have their friction; and
possibly this does enough good to counter-balance the evil. At any rate, it is
a great evil to make a stir about it. But when the friction comes to have its
machine, and oppression and robbery are organized, I say, let us not have such
a machine any longer. In other words, when a sixth of the population of a
nation which has undertaken to be the refuge of liberty are slaves, and a whole
country is unjustly overrun and conquered by a foreign army, and subjected to
military law, I think that it is not too soon for honest men to rebel and
revolutionize. What makes this duty the more urgent is that fact that the
country so overrun is not our own, but ours is the invading army.
Paley, a common authority with many on moral questions, in his chapter on the
"Duty of Submission to Civil Government," resolves all civil obligation into
expediency; and he proceeds to say that "so long as the interest of the whole
society requires it, that it, so long as the established government cannot be
resisted or changed without public inconveniencey, it is the will of God. .
.that the established government be obeyed - and no longer. This principle being
admitted, the justice of every particular case of resistance is reduced to a
computation of the quantity of the danger and grievance on the one side, and of
the probability and expense of redressing it on the other." Of this, he says,
every man shall judge for himself. But Paley appears never to have contemplated
those cases to which the rule of expediency does not apply, in which a people,
as well and an individual, must do justice, cost what it may. If I have
unjustly wrested a plank from a drowning man, I must restore it to him though I
drown myself. This, according to Paley, would be inconvenient. But he that
would save his life, in such a case, shall lose it. This people must cease to
hold slaves, and to make war on Mexico, though it cost them their existence as
a people.
In their practice, nations agree with Paley; but does anyone think that
Massachusetts does exactly what is right at the present crisis? "A drab of
stat, a cloth-o'-silver slut, To have her train borne up, and her soul trail in
the dirt."
Practically speaking, the opponents to a reform in Massachusetts are not a
hundred thousand politicians at the South, but a hundred thousand merchants and
farmers here, who are more interested in commerce and agriculture than they are
in humanity, and are not prepared to do justice to the slave and to Mexico,
cost what it may. I quarrel not with far-off foes, but with those who, neat at
home, co-operate with, and do the bidding of, those far away, and without whom
the latter would be harmless. We are accustomed to say, that the mass of men
are unprepared; but improvement is slow, because the few are not as materially
wiser or better than the many. It is not so important that many should be good
as you, as that there be some absolute goodness somewhere; for that will leaven
the whole lump. There are thousands who are in opinion opposed to slavery and
to the war, who yet in effect do nothing to put an end to them; who, esteeming
themselves children of Washington and Franklin, sit down with their hands in
their pockets, and say that they know not what to do, and do nothing; who even
postpone the question of freedom to the question of free trade, and quietly
read the prices-current along with the latest advices from Mexico, after
dinner, and, it may be, fall asleep over them both. What is the price-current
of an honest man and patriot today? They hesitate, and they regret, and
sometimes they petition; but they do nothing in earnest and with effect. They
will wait, well disposed, for other to remedy the evil, that they may no longer
have it to regret. At most, they give up only a cheap vote, and a feeble
countenance and Godspeed, to the right, as it goes by them. There are nine
hundred and ninety-nine patrons of virtue to one virtuous man. But it is easier
to deal with the real possessor of a thing than with the temporary guardian of
it.
All voting is a sort of gaming, like checkers or backgammon, with a slight
moral tinge to it, a playing with right and wrong, with moral questions; and
betting naturally accompanies it. The character of the voters is not staked. I
cast my vote, perchance, as I think right; but I am not vitally concerned that
that right should prevail. I am willing to leave it to the majority. Its
obligation, therefore, never exceeds that of expediency. Even voting for the
right is doing nothing for it. It is only expressing to men feebly your desire
that it should prevail. A wise man will not leave the right to the mercy of
chance, nor wish it to prevail through the power of the majority. There is but
little virtue in the action of masses of men. When the majority shall at length
vote for the abolition of slavery, it will be because they are indifferent to
slavery, or because there is but little slavery left to be abolished by their
vote. They will then be the only slaves. Only his vote can hasten the abolition
of slavery who asserts his own freedom by his vote.
I hear of a convention to be held at Baltimore, or elsewhere, for the selection
of a candidate for the Presidency, made up chiefly of editors, and men who are
politicians by profession; but I think, what is it to any independent,
intelligent, and respectable man what decision they may come to? Shall we not
have the advantage of this wisdom and honesty, nevertheless? Can we not count
upon some independent votes? Are there not many individuals in the country who
do not attend conventions? But no: I find that the respectable man, so called,
has immediately drifted from his position, and despairs of his country, when
his country has more reasons to despair of him. He forthwith adopts one of the
candidates thus selected as the only available one, thus proving that he is
himself available for any purposes of the demagogue. His vote is of no more
worth than that of any unprincipled foreigner or hireling native, who may have
been bought. O for a man who is a man, and, and my neighbor says, has a bone is
his back which you cannot pass your hand through! Our statistics are at fault:
the population has been returned too large. How many men are there to a square
thousand miles in the country? Hardly one. Does not America offer any
inducement for men to settle here? The American has dwindled into an Odd
Fellow - one who may be known by the development of his organ of gregariousness,
and a manifest lack of intellect and cheerful self-reliance; whose first and
chief concern, on coming into the world, is to see that the almshouses are in
good repair; and, before yet he has lawfully donned the virile garb, to collect
a fund to the support of the widows and orphans that may be; who, in short,
ventures to live only by the aid of the Mutual Insurance company, which has
promised to bury him decently.
It is not a man's duty, as a matter of course, to devote himself to the
eradication of any, even to most enormous, wrong; he may still properly have
other concerns to engage him; but it is his duty, at least, to wash his hands
of it, and, if he gives it no thought longer, not to give it practically his
support. If I devote myself to other pursuits and contemplations, I must first
see, at least, that I do not pursue them sitting upon another man's shoulders.
I must get off him first, that he may pursue his contemplations too. See what
gross inconsistency is tolerated. I have heard some of my townsmen say, "I
should like to have them order me out to help put down an insurrection of the
slaves, or to march to Mexico - see if I would go"; and yet these very men have
each, directly by their allegiance, and so indirectly, at least, by their
money, furnished a substitute. The soldier is applauded who refuses to serve in
an unjust war by those who do not refuse to sustain the unjust government which
makes the war; is applauded by those whose own act and authority he disregards
and sets at naught; as if the state were penitent to that degree that it hired
one to scourge it while it sinned, but not to that degree that it left off
sinning for a moment. Thus, under the name of Order and Civil Government, we
are all made at last to pay homage to and support our own meanness. After the
first blush of sin comes its indifference; and from immoral it becomes, as it
were, unmoral, and not quite unnecessary to that life which we have made.
The broadest and most prevalent error requires the most disinterested virtue to
sustain it. The slight reproach to which the virtue of patriotism is commonly
liable, the noble are most likely to incur. Those who, while they disapprove of
the character and measures of a government, yield to it their allegiance and
support are undoubtedly its most conscientious supporters, and so frequently
the most serious obstacles to reform. Some are petitioning the State to
dissolve the Union, to disregard the requisitions of the President. Why do they
not dissolve it themselves - the union between themselves and the State - and
refuse to pay their quota into its treasury? Do not they stand in same relation
to the State that the State does to the Union? And have not the same reasons
prevented the State from resisting the Union which have prevented them from
resisting the State?
How can a man be satisfied to entertain and opinion merely, and enjoy it? Is
there any enjoyment in it, if his opinion is that he is aggrieved? If you are
cheated out of a single dollar by your neighbor, you do not rest satisfied with
knowing you are cheated, or with saying that you are cheated, or even with
petitioning him to pay you your due; but you take effectual steps at once to
obtain the full amount, and see to it that you are never cheated again. Action
from principle, the perception and the performance of right, changes things and
relations; it is essentially revolutionary, and does not consist wholly with
anything which was. It not only divided States and churches, it divides
families; ay, it divides the individual, separating the diabolical in him from
the divine.
Unjust laws exist: shall we be content to obey them, or shall we endeavor to
amend them, and obey them until we have succeeded, or shall we transgress them
at once? Men, generally, under such a government as this, think that they ought
to wait until they have persuaded the majority to alter them. They think that,
if they should resist, the remedy would be worse than the evil. But it is the
fault of the government itself that the remedy is worse than the evil. It makes
it worse. Why is it not more apt to anticipate and provide for reform? Why does
it not cherish its wise minority? Why does it cry and resist before it is hurt?
Why does it not encourage its citizens to put out its faults, and do better
than it would have them? Why does it always crucify Christ and excommunicate
Copernicus and Luther, and pronounce Washington and Franklin rebels?
One would think, that a deliberate and practical denial of its authority was
the only offense never contemplated by its government; else, why has it not
assigned its definite, its suitable and proportionate, penalty? If a man who
has no property refuses but once to earn nine shillings for the State, he is
put in prison for a period unlimited by any law that I know, and determined
only by the discretion of those who put him there; but if he should steal
ninety times nine shillings from the State, he is soon permitted to go at large
again.
If the injustice is part of the necessary friction of the machine of
government, let it go, let it go: perchance it will wear smooth - certainly the
machine will wear out. If the injustice has a spring, or a pulley, or a rope,
or a crank, exclusively for itself, then perhaps you may consider whether the
remedy will not be worse than the evil; but if it is of such a nature that it
requires you to be the agent of injustice to another, then I say, break the
law. Let your life be a counter-friction to stop the machine. What I have to do
is to see, at any rate, that I do not lend myself to the wrong which I condemn.
As for adopting the ways of the State has provided for remedying the evil, I
know not of such ways. They take too much time, and a man's life will be gone.
I have other affairs to attend to. I came into this world, not chiefly to make
this a good place to live in, but to live in it, be it good or bad. A man has
not everything to do, but something; and because he cannot do everything, it is
not necessary that he should be petitioning the Governor or the Legislature any
more than it is theirs to petition me; and if they should not hear my petition,
what should I do then? But in this case the State has provided no way: its very
Constitution is the evil. This may seem to be harsh and stubborn and
unconcilliatory; but it is to treat with the utmost kindness and consideration
the only spirit that can appreciate or deserves it. So is all change for the
better, like birth and death, which convulse the body.
I do not hesitate to say, that those who call themselves Abolitionists should
at once effectually withdraw their support, both in person and property, from
the government of Massachusetts, and not wait till they constitute a majority
of one, before they suffer the right to prevail through them. I think that it
is enough if they have God on their side, without waiting for that other one.
Moreover, any man more right than his neighbors constitutes a majority of one
already.
I meet this American government, or its representative, the State government,
directly, and face to face, once a year - no more - in the person of its
tax-gatherer; this is the only mode in which a man situated as I am necessarily
meets it; and it then says distinctly, Recognize me; and the simplest, the most
effectual, and, in the present posture of affairs, the indispensablest mode of
treating with it on this head, of expressing your little satisfaction with and
love for it, is to deny it then. My civil neighbor, the tax-gatherer, is the
very man I have to deal with - for it is, after all, with men and not with
parchment that I quarrel - and he has voluntarily chosen to be an agent of the
government. How shall he ever know well that he is and does as an officer of
the government, or as a man, until he is obliged to consider whether he will
treat me, his neighbor, for whom he has respect, as a neighbor and
well-disposed man, or as a maniac and disturber of the peace, and see if he can
get over this obstruction to his neighborlines without a ruder and more
impetuous thought or speech corresponding with his action. I know this well,
that if one thousand, if one hundred, if ten men whom I could name - if ten
honest men only - ay, if one HONEST man, in this State of Massachusetts, ceasing
to hold slaves, were actually to withdraw from this co-partnership, and be
locked up in the county jail therefor, it would be the abolition of slavery in
America. For it matters not how small the beginning may seem to be: what is
once well done is done forever. But we love better to talk about it: that we
say is our mission. Reform keeps many scores of newspapers in its service, but
not one man. If my esteemed neighbor, the State's ambassador, who will devote
his days to the settlement of the question of human rights in the Council
Chamber, instead of being threatened with the prisons of Carolina, were to sit
down the prisoner of Massachusetts, that State which is so anxious to foist the
sin of slavery upon her sister - though at present she can discover only an act
of inhospitality to be the ground of a quarrel with her - the Legislature would
not wholly waive the subject of the following winter.
Under a government which imprisons unjustly, the true place for a just man is
also a prison. The proper place today, the only place which Massachusetts has
provided for her freer and less despondent spirits, is in her prisons, to be
put out and locked out of the State by her own act, as they have already put
themselves out by their principles. It is there that the fugitive slave, and
the Mexican prisoner on parole, and the Indian come to plead the wrongs of his
race should find them; on that separate but more free and honorable ground,
where the State places those who are not with her, but against her - the only
house in a slave State in which a free man can abide with honor. If any think
that their influence would be lost there, and their voices no longer afflict
the ear of the State, that they would not be as an enemy within its walls, they
do not know by how much truth is stronger than error, nor how much more
eloquently and effectively he can combat injustice who has experienced a little
in his own person. Cast your whole vote, not a strip of paper merely, but your
whole influence. A minority is powerless while it conforms to the majority; it
is not even a minority then; but it is irresistible when it clogs by its whole
weight. If the alternative is to keep all just men in prison, or give up war
and slavery, the State will not hesitate which to choose. If a thousand men
were not to pay their tax bills this year, that would not be a violent and
bloody measure, as it would be to pay them, and enable the State to commit
violence and shed innocent blood. This is, in fact, the definition of a
peaceable revolution, if any such is possible. If the tax-gatherer, or any
other public officer, asks me, as one has done, "But what shall I do?" my
answer is, "If you really wish to do anything, resign your office." When the
subject has refused allegiance, and the officer has resigned from office, then
the revolution is accomplished. But even suppose blood shed when the conscience
is wounded? Through this wound a man's real manhood and immortality flow out,
and he bleeds to an everlasting death. I see this blood flowing now.
I have contemplated the imprisonment of the offender, rather than the seizure
of his goods - though both will serve the same purpose - because they who assert
the purest right, and consequently are most dangerous to a corrupt State,
commonly have not spent much time in accumulating property. To such the State
renders comparatively small service, and a slight tax is wont to appear
exorbitant, particularly if they are obliged to earn it by special labor with
their hands. If there were one who lived wholly without the use of money, the
State itself would hesitate to demand it of him. But the rich man - not to make
any invidious comparison - is always sold to the institution which makes him
rich. Absolutely speaking, the more money, the less virtue; for money comes
between a man and his objects, and obtains them for him; it was certainly no
great virtue to obtain it. It puts to rest many questions which he would
otherwise be taxed to answer; while the only new question which it puts is the
hard but superfluous one, how to spend it. Thus his moral ground is taken from
under his feet. The opportunities of living are diminished in proportion as
that are called the "means" are increased. The best thing a man can do for his
culture when he is rich is to endeavor to carry out those schemes which he
entertained when he was poor. Christ answered the Herodians according to their
condition. "Show me the tribute-money," said he - and one took a penny out of
his pocket - if you use money which has the image of Caesar on it, and which he
has made current and valuable, that is, if you are men of the State, and gladly
enjoy the advantages of Caesar's government, then pay him back some of his own
when he demands it. "Render therefore to Caesar that which is Caesar's and to
God those things which are God's" - leaving them no wiser than before as to
which was which; for they did not wish to know.
When I converse with the freest of my neighbors, I perceive that, whatever they
may say about the magnitude and seriousness of the question, and their regard
for the public tranquillity, the long and the short of the matter is, that they
cannot spare the protection of the existing government, and they dread the
consequences to their property and families of disobedience to it. For my own
part, I should not like to think that I ever rely on the protection of the
State. But, if I deny the authority of the State when it presents its tax bill,
it will soon take and waste all my property, and so harass me and my children
without end. This is hard. This makes it impossible for a man to live honestly,
and at the same time comfortably, in outward respects. It will not be worth the
while to accumulate property; that would be sure to go again. You must hire or
squat somewhere, and raise but a small crop, and eat that soon. You must live
within yourself, and depend upon yourself always tucked up and ready for a
start, and not have many affairs. A man may grow rich in Turkey even, if he
will be in all respects a good subject of the Turkish government. Confucius
said: "If a state is governed by the principles of reason, poverty and misery
are subjects of shame; if a state is not governed by the principles of reason,
riches and honors are subjects of shame." No: until I want the protection of
Massachusetts to be extended to me in some distant Southern port, where my
liberty is endangered, or until I am bent solely on building up an estate at
home by peaceful enterprise, I can afford to refuse allegiance to
Massachusetts, and her right to my property and life. It costs me less in every
sense to incur the penalty of disobedience to the State than it would to obey.
I should feel as if I were worth less in that case.
Some years ago, the State met me in behalf of the Church, and commanded me to
pay a certain sum toward the support of a clergyman whose preaching my father
attended, but never I myself. "Pay," it said, "or be locked up in the jail." I
declined to pay. But, unfortunately, another man saw fit to pay it. I did not
see why the schoolmaster should be taxed to support the priest, and not the
priest the schoolmaster; for I was not the State's schoolmaster, but I
supported myself by voluntary subscription. I did not see why the lyceum should
not present its tax bill, and have the State to back its demand, as well as the
Church. However, as the request of the selectmen, I condescended to make some
such statement as this in writing: "Know all men by these presents, that I,
Henry Thoreau, do not wish to be regarded as a member of any society which I
have not joined." This I gave to the town clerk; and he has it. The State,
having thus learned that I did not wish to be regarded as a member of that
church, has never made a like demand on me since; though it said that it must
adhere to its original presumption that time. If I had known how to name them,
I should then have signed off in detail from all the societies which I never
signed on to; but I did not know where to find such a complete list.
I have paid no poll tax for six years. I was put into a jail once on this
account, for one night; and, as I stood considering the walls of solid stone,
two or three feet thick, the door of wood and iron, a foot thick, and the iron
grating which strained the light, I could not help being struck with the
foolishness of that institution which treated my as if I were mere flesh and
blood and bones, to be locked up. I wondered that it should have concluded at
length that this was the best use it could put me to, and had never thought to
avail itself of my services in some way. I saw that, if there was a wall of
stone between me and my townsmen, there was a still more difficult one to climb
or break through before they could get to be as free as I was. I did nor for a
moment feel confined, and the walls seemed a great waste of stone and mortar. I
felt as if I alone of all my townsmen had paid my tax. They plainly did not
know how to treat me, but behaved like persons who are underbred. In every
threat and in every compliment there was a blunder; for they thought that my
chief desire was to stand the other side of that stone wall. I could not but
smile to see how industriously they locked the door on my meditations, which
followed them out again without let or hindrance, and they were really all that
was dangerous. As they could not reach me, they had resolved to punish my body;
just as boys, if they cannot come at some person against whom they have a
spite, will abuse his dog. I saw that the State was half-witted, that it was
timid as a lone woman with her silver spoons, and that it did not know its
friends from its foes, and I lost all my remaining respect for it, and pitied
it.
Thus the state never intentionally confronts a man's sense, intellectual or
moral, but only his body, his senses. It is not armed with superior with or
honesty, but with superior physical strength. I was not born to be forced. I
will breathe after my own fashion. Let us see who is the strongest. What force
has a multitude? They only can force me who obey a higher law than I. They
force me to become like themselves. I do not hear of men being forced to live
this way or that by masses of men. What sort of life were that to live? When I
meet a government which says to me, "Your money our your life," why should I be
in haste to give it my money? It may be in a great strait, and not know what to
do: I cannot help that. It must help itself; do as I do. It is not worth the
while to snivel about it. I am not responsible for the successful working of
the machinery of society. I am not the son of the engineer. I perceive that,
when an acorn and a chestnut fall side by side, the one does not remain inert
to make way for the other, but both obey their own laws, and spring and grow
and flourish as best they can, till one, perchance, overshadows and destroys
the other. If a plant cannot live according to nature, it dies; and so a man.
The night in prison was novel and interesting enough. The prisoners in their
shirtsleeves were enjoying a chat and the evening air in the doorway, when I
entered. But the jailer said, "Come, boys, it is time to lock up"; and so they
dispersed, and I heard the sound of their steps returning into the hollow
apartments. My room-mate was introduced to me by the jailer as "a first-rate
fellow and clever man." When the door was locked, he showed me where to hang my
hat, and how he managed matters there. The rooms were whitewashed once a month;
and this one, at least, was the whitest, most simply furnished, and probably
neatest apartment in town. He naturally wanted to know where I came from, and
what brought me there; and, when I had told him, I asked him in my turn how he
came there, presuming him to be an honest an, of course; and as the world goes,
I believe he was. "Why," said he, "they accuse me of burning a barn; but I
never did it." As near as I could discover, he had probably gone to bed in a
barn when drunk, and smoked his pipe there; and so a barn was burnt. He had the
reputation of being a clever man, had been there some three months waiting for
his trial to come on, and would have to wait as much longer; but he was quite
domesticated and contented, since he got his board for nothing, and thought
that he was well treated.
He occupied one window, and I the other; and I saw that if one stayed there
long, his principal business would be to look out the window. I had soon read
all the tracts that were left there, and examined where former prisoners had
broken out, and where a grate had been sawed off, and heard the history of the
various occupants of that room; for I found that even there there was a history
and a gossip which never circulated beyond the walls of the jail. Probably this
is the only house in the town where verses are composed, which are afterward
printed in a circular form, but not published. I was shown quite a long list of
young men who had been detected in an attempt to escape, who avenged themselves
by singing them.
I pumped my fellow-prisoner as dry as I could, for fear I should never see him
again; but at length he showed me which was my bed, and left me to blow out the
lamp.
It was like travelling into a far country, such as I had never expected to
behold, to lie there for one night. It seemed to me that I never had heard the
town clock strike before, not the evening sounds of the village; for we slept
with the windows open, which were inside the grating. It was to see my native
village in the light of the Middle Ages, and our Concord was turned into a
Rhine stream, and visions of knights and castles passed before me. They were
the voices of old burghers that I heard in the streets. I was an involuntary
spectator and auditor of whatever was done and said in the kitchen of the
adjacent village inn - a wholly new and rare experience to me. It was a closer
view of my native town. I was fairly inside of it. I never had seen its
institutions before. This is one of its peculiar institutions; for it is a
shire town. I began to comprehend what its inhabitants were about.
In the morning, our breakfasts were put through the hole in the door, in small
oblong-square tin pans, made to fit, and holding a pint of chocolate, with
brown bread, and an iron spoon. When they called for the vessels again, I was
green enough to return what bread I had left, but my comrade seized it, and
said that I should lay that up for lunch or dinner. Soon after he was let out
to work at haying in a neighboring field, whither he went every day, and would
not be back till noon; so he bade me good day, saying that he doubted if he
should see me again.
When I came out of prison - for some one interfered, and paid that tax - I did
not perceive that great changes had taken place on the common, such as he
observed who went in a youth and emerged a gray-headed man; and yet a change
had come to my eyes come over the scene - the town, and State, and country,
greater than any that mere time could effect. I saw yet more distinctly the
State in which I lived. I saw to what extent the people among whom I lived
could be trusted as good neighbors and friends; that their friendship was for
summer weather only; that they did not greatly propose to do right; that they
were a distinct race from me by their prejudices and superstitions, as the
Chinamen and Malays are that in their sacrifices to humanity they ran no risks,
not even to their property; that after all they were not so noble but they
treated the thief as he had treated them, and hoped, by a certain outward
observance and a few prayers, and by walking in a particular straight through
useless path from time to time, to save their souls. This may be to judge my
neighbors harshly; for I believe that many of them are not aware that they have
such an institution as the jail in their village.
It was formerly the custom in our village, when a poor debtor came out of jail,
for his acquaintances to salute him, looking through their fingers, which were
crossed to represent the jail window, "How do ye do?" My neighbors did not this
salute me, but first looked at me, and then at one another, as if I had
returned from a long journey. I was put into jail as I was going to the
shoemaker's to get a shoe which was mender. When I was let out the next
morning, I proceeded to finish my errand, and, having put on my mended show,
joined a huckleberry party, who were impatient to put themselves under my
conduct; and in half an hour - for the horse was soon tackled - was in the midst
of a huckleberry field, on one of our highest hills, two miles off, and then
the State was nowhere to be seen.
This is the whole history of "My Prisons."
I have never declined paying the highway tax, because I am as desirous of being
a good neighbor as I am of being a bad subject; and as for supporting schools,
I am doing my part to educate my fellow countrymen now. It is for no particular
item in the tax bill that I refuse to pay it. I simply wish to refuse
allegiance to the State, to withdraw and stand aloof from it effectually. I do
not care to trace the course of my dollar, if I could, till it buys a man a
musket to shoot one with - the dollar is innocent - but I am concerned to trace
the effects of my allegiance. In fact, I quietly declare war with the State,
after my fashion, though I will still make use and get what advantages of her I
can, as is usual in such cases.
If others pay the tax which is demanded of me, from a sympathy with the State,
they do but what they have already done in their own case, or rather they abet
injustice to a greater extent than the State requires. If they pay the tax from
a mistaken interest in the individual taxed, to save his property, or prevent
his going to jail, it is because they have not considered wisely how far they
let their private feelings interfere with the public good.
This, then is my position at present. But one cannot be too much on his guard
in such a case, lest his actions be biased by obstinacy or an undue regard for
the opinions of men. Let him see that he does only what belongs to himself and
to the hour.
I think sometimes, Why, this people mean well, they are only ignorant; they
would do better if they knew how: why give your neighbors this pain to treat
you as they are not inclined to? But I think again, This is no reason why I
should do as they do, or permit others to suffer much greater pain of a
different kind. Again, I sometimes say to myself, When many millions of men,
without heat, without ill will, without personal feelings of any kind, demand
of you a few shillings only, without the possibility, such is their
constitution, of retracting or altering their present demand, and without the
possibility, on your side, of appeal to any other millions, why expose yourself
to this overwhelming brute force? You do not resist cold and hunger, the winds
and the waves, thus obstinately; you quietly submit to a thousand similar
necessities. You do not put your head into the fire. But just in proportion as
I regard this as not wholly a brute force, but partly a human force, and
consider that I have relations to those millions as to so many millions of men,
and not of mere brute or inanimate things, I see that appeal is possible, first
and instantaneously, from them to the Maker of them, and, secondly, from them
to themselves. But if I put my head deliberately into the fire, there is no
appeal to fire or to the Maker for fire, and I have only myself to blame. If I
could convince myself that I have any right to be satisfied with men as they
are, and to treat them accordingly, and not according, in some respects, to my
requisitions and expectations of what they and I ought to be, then, like a good
Mussulman and fatalist, I should endeavor to be satisfied with things as they
are, and say it is the will of God. And, above all, there is this difference
between resisting this and a purely brute or natural force, that I can resist
this with some effect; but I cannot expect, like Orpheus, to change the nature
of the rocks and trees and beasts.
I do not wish to quarrel with any man or nation. I do not wish to split hairs,
to make fine distinctions, or set myself up as better than my neighbors. I seek
rather, I may say, even an excuse for conforming to the laws of the land. I am
but too ready to conform to them. Indeed, I have reason to suspect myself on
this head; and each year, as the tax-gatherer comes round, I find myself
disposed to review the acts and position of the general and State governments,
and the spirit of the people to discover a pretext for conformity. "We must
affect our country as our parents, And if at any time we alienate Out love or
industry from doing it honor, We must respect effects and teach the soul Matter
of conscience and religion, And not desire of rule or benefit."
I believe that the State will soon be able to take all my work of this sort out
of my hands, and then I shall be no better patriot than my fellow-countrymen.
Seen from a lower point of view, the Constitution, with all its faults, is very
good; the law and the courts are very respectable; even this State and this
American government are, in many respects, very admirable, and rare things, to
be thankful for, such as a great many have described them; seen from a higher
still, and the highest, who shall say what they are, or that they are worth
looking at or thinking of at all?
However, the government does not concern me much, and I shall bestow the fewest
possible thoughts on it. It is not many moments that I live under a government,
even in this world. If a man is thought-free, fancy-free, imagination-free,
that which is not never for a long time appearing to be to him, unwise rulers
or reformers cannot fatally interrupt him.
I know that most men think differently from myself; but those whose lives are
by profession devoted to the study of these or kindred subjects content me as
little as any. Statesmen and legislators, standing so completely within the
institution, never distinctly and nakedly behold it. They speak of moving
society, but have no resting-place without it. They may be men of a certain
experience and discrimination, and have no doubt invented ingenious and even
useful systems, for which we sincerely thank them; but all their wit and
usefulness lie within certain not very wide limits. They are wont to forget
that the world is not governed by policy and expediency. Webster never goes
behind government, and so cannot speak with authority about it. His words are
wisdom to those legislators who contemplate no essential reform in the existing
government; but for thinkers, and those who legislate for all tim, he never
once glances at the subject. I know of those whose serene and wise speculations
on this theme would soon reveal the limits of his mind's range and hospitality.
Yet, compared with the cheap professions of most reformers, and the still
cheaper wisdom an eloquence of politicians in general, his are almost the only
sensible and valuable words, and we thank Heaven for him. Comparatively, he is
always strong, original, and, above all, practical. Still, his quality is not
wisdom, but prudence. The lawyer's truth is not Truth, but consistency or a
consistent expediency. Truth is always in harmony with herself, and is not
concerned chiefly to reveal the justice that may consist with wrong-doing. He
well deserves to be called, as he has been called, the Defender of the
Constitution. There are really no blows to be given him but defensive ones. He
is not a leader, but a follower. His leaders are the men of '87. "I have never
made an effort," he says, "and never propose to make an effort; I have never
countenanced an effort, and never mean to countenance an effort, to disturb the
arrangement as originally made, by which various States came into the Union."
Still thinking of the sanction which the Constitution gives to slavery, he
says, "Because it was part of the original compact - let it stand."
Notwithstanding his special acuteness and ability, he is unable to take a fact
out of its merely political relations, and behold it as it lies absolutely to
be disposed of by the intellect - what, for instance, it behooves a man to do
here in American today with regard to slavery - but ventures, or is driven, to
make some such desperate answer to the following, while professing to speak
absolutely, and as a private man - from which what new and singular of social
duties might be inferred? "The manner," says he, "in which the governments of
the States where slavery exists are to regulate it is for their own
consideration, under the responsibility to their constituents, to the general
laws of propriety, humanity, and justice, and to God. Associations formed
elsewhere, springing from a feeling of humanity, or any other cause, have
nothing whatever to do with it. They have never received any encouragement from
me and they never will.
( The following paras were added later. )
They who know of no purer sources of truth, who have traced up its stream no
higher, stand, and wisely stand, by the Bible and the Constitution, and drink
at it there with reverence and humanity; but they who behold where it comes
trickling into this lake or that pool, gird up their loins once more, and
continue their pilgrimage toward its fountainhead.
No man with a genius for legislation has appeared in America. They are rare in
the history of the world. There are orators, politicians, and eloquent men, by
the thousand; but the speaker has not yet opened his mouth to speak who is
capable of settling the much-vexed questions of the day. We love eloquence for
its own sake, and not for any truth which t may utter, or any heroism it may
inspire. Our legislators have not yet learned the comparative value of free
trade and of freed, of union, and of rectitude, to a nation. They have no
genius or talent for comparatively humble questions of taxation and finance,
commerce and manufactures and agriculture. If we were left solely to the wordy
wit of legislators in Congress for our guidance, uncorrected by the seasonable
experience and the effectual complaints of the people, America would not long
retain her rank among the nations. For eighteen hundred years, though perchance
I have no right to say it, the New Testament has been written; yet where is the
legislator who has wisdom and practical talent enough to avail himself of the
light which it sheds on the science of legislation.
The authority of government, even such as I am willing to submit to - for I will
cheerfully obey those who know and can do better than I, and in many things
even those who neither know nor can do so well - is still an impure one: to be
strictly just, it must have the sanction and consent of the governed. It can
have no pure right over my person and property but what I concede to it. The
progress from an absolute to a limited monarchy, from a limited monarchy to a
democracy, is a progress toward a true respect for the individual. Even the
Chinese philosopher was wise enough to regard the individual as the basis of
the empire. Is a democracy, such as we know it, the last improvement possible
in government? Is it not possible to take a step further towards recognizing
and organizing the rights of man? There will never be a really free and
enlightened State until the State comes to recognize the individual as a higher
and independent power, from which all its own power and authority are derived,
and treats him accordingly. I please myself with imagining a State at last
which can afford to be just to all men, and to treat the individual with
respect as a neighbor; which even would not think it inconsistent with its own
repose if a few were to live aloof from it, not meddling with it, nor embraced
by it, who fulfilled all the duties of neighbors and fellow men. A State which
bore this kind of fruit, and suffered it to drop off as fast as it ripened,
would prepare the way for a still more perfect and glorious State, which I have
also imagined, but not yet anywhere seen.
Peter Suber
wrote some interesting comments on Thoreau's
Civil Disobedience
essay and on the related subject of
legal paternalism.
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