On The Duty Of Civil Disobedience
by
Henry David Thoreau (1849)
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 they 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 on, 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 our 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 to-day? 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 counterbalance 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 state, 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,
cooperate 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
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 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 divides 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 be on the alert to point 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 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 placed 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 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 do something wrong. It is not my business to 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 copartnership, 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 to-day, 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 his office, then the revolution is accomplished. But
even suppose blood should flow. Is there not a sort of 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; and 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 incorporated 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 not 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 wit 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 its nature, it dies;
and so a man.
The night in prison was novel and interesting enough. The prisoners in their shirt-sleeves 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 white-washed 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 here 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, nor 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
tottering 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 thus 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 mended. When I was let out the next morning, I proceeded to finish my errand, and, having put on
my mended shoe, 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; but seen from a point of view a little higher,
they are what I have described them; seem 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 by 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 America today
with regard to slavery,--but ventures, or is driven, to make some such desperate answer as the
following, while professing to speak absolutely, and as a private man,--from which what new and
singular code 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.
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 it may utter, or any heroism it may inspire. Our
legislators have not yet learned the comparative value of free trade and of freedom, 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.

