Henry David Thoreau: Civil Disobedience

                                                             Civil Disobedience

Resistance to Civil Government (Civil Disobedience) is an essay by American transcendentalist Henry David Thoreau that was first published in 1849. In it, Thoreau argues that individuals should not permit governments to overrule or atrophy their consciences, and that they have a duty to avoid allowing such acquiescence to enable the government to make them the agents of injustice. Thoreau was motivated in part by his disgust with slavery and the Mexican–American War.

In 1848, Thoreau gave lectures at the Concord Lyceum entitled "The Rights and Duties of the Individual in relation to Government." This formed the basis for his essay, which was first published under the title Resistance to Civil Government in 1849 in an anthology called Æsthetic Papers. The latter title distinguished Thoreau's program from that of the "non-resistants" (anarcho-pacifists) who were expressing similar views. Resistance also served as part of Thoreau's metaphor comparing the government to a machine: when the machine was producing injustice, it was the duty of conscientious citizens to be "a counter friction" (i.e., a resistance) "to stop the machine." 

In 1866, four years after Thoreau's death, the essay was reprinted in a collection of Thoreau's work (A Yankee in Canada, with Anti-Slavery and Reform Papers) under the title Civil Disobedience. Today, the essay also appears under the title On the Duty of Civil Disobedience, perhaps to contrast it with William Paley's Of the Duty of Civil Obedience to which Thoreau was in part responding. For instance, the 1960 New American Library Signet Classics edition of Walden included a version with this title. On Civil Disobedience is another common title.

The word civil has several definitions. The one that is intended in this case is "relating to citizens and their interrelations with one another or with the state", and so civil disobedience means "disobedience to the state". Sometimes people assume that civil in this case means "observing accepted social forms; polite" which would make civil disobedience something like polite, orderly disobedience. Although this is an acceptable dictionary definition of the word civil, it is not what is intended here. This misinterpretation is one reason the essay is sometimes considered to be an argument for pacifism or for exclusively nonviolent resistance. For instance, Mahatma Gandhi used this interpretation to suggest an equivalence between Thoreau's civil disobedience and his own satyagraha

Background: The slavery crisis inflamed New England in the 1840s and 1850s. The environment became especially tense after the Fugitive Slave Act of 1850. A lifelong abolitionist, Thoreau delivered an impassioned speech which would later become Civil Disobedience in 1848, just months after leaving Walden Pond. The speech dealt with slavery, but at the same time excoriated American imperialism, particularly the Mexican–American War. 

Summary: Thoreau asserts that because governments are typically more harmful than helpful, they therefore cannot be justified. Democracy is no cure for this, as majorities simply by virtue of being majorities do not also gain the virtues of wisdom and justice. The judgment of an individual's conscience is not necessarily inferior to the decisions of a political body or majority, and so "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... 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 of injustice.". He adds, "I cannot for an instant recognize as my government [that] which is the slave's government also."

The government, according to Thoreau, is not just a little corrupt or unjust in the course of doing its otherwise-important work, but in fact the government is primarily an agent of corruption and injustice. Because of this, it is "not too soon for honest men to rebel and revolutionize."

Political philosophers have counseled caution about revolution because the upheaval of revolution typically causes a lot of expense and suffering. Thoreau contends that such a cost/benefit analysis is inappropriate when the government is actively facilitating an injustice as extreme as slavery. Such a fundamental immorality justifies any difficulty or expense to bring to an end. "This people must cease to hold slaves, and to make war on Mexico, though it cost them their existence as a people."

Thoreau tells his audience that they cannot blame this problem solely on pro-slavery Southern politicians, but must put the blame on those in, for instance, Massachusetts, "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... 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."[9] (See also: Thoreau's Slavery in Massachusetts which also advances this argument.)

He exhorts people not to just wait passively for an opportunity to vote for justice, because voting for justice is as ineffective as wishing for justice; what you need to do is to actually be just. This is not to say that you have an obligation to devote your life to fighting for justice, but you do have an obligation not to commit injustice and not to give injustice your practical support.

Paying taxes is one way in which otherwise well-meaning people collaborate in injustice. People who proclaim that the war in Mexico is wrong and that it is wrong to enforce slavery contradict themselves if they fund both things by paying taxes. Thoreau points out that the same people who applaud soldiers for refusing to fight an unjust war are not themselves willing to refuse to fund the government that started the war.

In a constitutional republic like the United States, people often think that the proper response to an unjust law is to try to use the political process to change the law, but to obey and respect the law until it is changed. But if the law is itself clearly unjust, and the lawmaking process is not designed to quickly obliterate such unjust laws, then Thoreau says the law deserves no respect and it should be broken. In the case of the United States, the Constitution itself enshrines the institution of slavery, and therefore falls under this condemnation. Abolitionists, in Thoreau's opinion, should completely withdraw their support of the government and stop paying taxes, even if this means courting imprisonment.

Under a government which imprisons any unjustly, the true place for a just man is also a prison.… 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.… 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.

Because the government will retaliate, Thoreau says he prefers living simply because he therefore has less to lose. "I can afford to refuse allegiance to Massachusetts…. 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."

He was briefly imprisoned for refusing to pay the poll tax, but even in jail felt freer than the people outside. He considered it an interesting experience and came out of it with a new perspective on his relationship to the government and its citizens. (He was released the next day when "someone interfered, and paid that tax.")

Thoreau said he was willing to pay the highway tax, which went to pay for something of benefit to his neighbors, but that he was opposed to taxes that went to support the government itself—even if he could not tell if his particular contribution would eventually be spent on an unjust project or a beneficial one. "I simply wish to refuse allegiance to the State, to withdraw and stand aloof from it effectually."

Because government is man-made, not an element of nature or an act of God, Thoreau hoped that its makers could be reasoned with. As governments go, he felt, the U.S. government, with all its faults, was not the worst and even had some admirable qualities. But he felt we could and should insist on better. "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.… 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."

"That government is best which governs least" - "That government is best which governs not at all"

An aphorism sometimes attributed to either Thomas Jefferson or Thomas Paine, "That government is best which governs least...", was actually found in Thoreau's Civil Disobedience. Thoreau was paraphrasing the motto of The United States Magazine and Democratic Review: "The best government is that which governs least." Thoreau expanded it significantly:

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 I also 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.

—Thoreau, Civil Disobedience

Thoreau's Civil Disobedience espouses the need to prioritize one's conscience over the dictates of laws. It criticizes American social institutions and policies, most prominently slavery and the Mexican-American War. 

Thoreau begins his essay by arguing that the government rarely proves itself useful and that it derives its power from the majority because they are the strongest group, not because they hold the most legitimate viewpoint. He contends that people's first obligation is to do what they believe is right and not to follow the law dictated by the majority. When a government is unjust, people should refuse to follow the law and distance themselves from the government in general. A person is not obligated to devote his life to eliminating evils from the world, but he is obligated not to participate in such evils. This includes not being a member of an unjust institution (like the government). Thoreau further argues that the United States fits his criteria for an unjust government, given its support of slavery and its practice of aggressive war. 

Thoreau doubts the effectiveness of reform within the government, and he argues that voting and petitioning for change achieves little. He presents his own experiences as a model for how to relate to an unjust government: In protest of slavery, Thoreau refused to pay taxes and spent a night in jail. But, more generally, he ideologically dissociated himself from the government, "washing his hands" of it and refusing to participate in his institutions. According to Thoreau, this form of protest was preferable to advocating for reform from within government; he asserts that one cannot see government for what it is when one is working within it. 

Civil Disobedience covers several topics, and Thoreau intersperses poetry and social commentary throughout. For purposes of clarity and readability, the essay has been divided into three sections here, though Thoreau himself made no such divisions. 

Henry David Thoreau (1817-1862) was a philosopher and writer best known for his attacks on American social institutions and his respect for nature and simple living. He was heavily influenced by the writer Ralph Waldo Emerson, who introduced Thoreau to the ideas of transcendentalism, a philosophy central to Thoreau's thinking and writing. In addition to Civil Disobedience (1849), Thoreau is best known for his book Walden (1854), which documents his experiences living alone on Walden Pond in Massachusetts from 1845-1847. Throughout his life, Thoreau emphasized the importance of individuality and self-reliance. He practiced civil disobedience in his own life and spent a night in jail for his refusal to pay taxes in protest of the Mexican War. (Thoreau was opposed to the practice of slavery in some of the territories involved.) It is thought that this night in jail prompted Thoreau to write Civil Disobedience. Thoreau delivered the first draft of the treatise as an oration to the Concord Lyceum in 1848, and the text was published in 1849 under the title Resistance to Civil Government. 

The two major issues being debated in the United States during Thoreau's life were slavery and the Mexican-American War. Both issues play a prominent part in Thoreau's essay. By the late 1840s, slavery had driven a wedge in American society, with a growing number of Northerners expressing anti-slavery sentiments. In the 1850s, the country became even more polarized, and the introduction of slavery-friendly laws such as the Fugitive Slave Law , prompted many abolitionists to protest the government's actions via various forms of civil disobedience. (Slavery was only to come to an end a generation later when the abolitionist North would win the Civil War (1861-1865), Abraham Lincoln's Emancipation Proclamation would free all slaves in Confederate territory; eventually, the 13th Amendment would ban slavery everywhere.) In addition to this domestic conflict, the Mexican-American War (1846-1848) proved a point of much contention: Precipitated by boundary disputes between the United States and Mexico, the war was ultimately fought in order to expand American territory--many Americans felt it was our "Manifest Destiny" to seize all the land we could--and as a result the United States gained much of the present American Southwest, including California, Nevada and Utah. Thoreau and other opponents of the war argued that the campaign constituted an unnecessary act of aggression and that it was pursued on the basis of arrogance rather than any philosophically justifiable reasons. 

Civil Disobedience enjoyed widespread influence, both in the United States and abroad. Most famously, the work inspired Russia's Leo Tolstoy and India's Mahatma Gandhi. Later, it lent force to the American Civil Rights Movement. 

Civil Disobedience Summary

Thoreau opens his essay with the motto "That government is best which governs least." His distrust of government stems from the tendency of the latter to be "perverted and abused" before the people can actually express their will through it. A case in point is the Mexican war (1846-1848, which extended slavery into new US territories), orchestrated by a small élite of individuals who have manipulated the government to their advantage against popular will. Government inherently lends itself to oppressive and corrupt uses since it enables a few men to impose their moral will on the majority and to profit economically from their own position of authority. Thoreau views government as a fundamental hindrance to the creative enterprise of the people it purports to represent. He cites as a prime example the regulation of trade and commerce, and its negative effect on the forces of the free market.

A man has an obligation to act according to the dictates of his conscience, even if the latter goes against majority opinion, the presiding leadership, or the laws of society. In cases where the government supports unjust or immoral laws, Thoreau's notion of service to one's country paradoxically takes the form of resistance against it. Resistance is the highest form of patriotism because it demonstrates a desire not to subvert government but to build a better one in the long term. Along these lines, Thoreau does not advocate a wholesale rejection of government, but resistance to those specific features deemed to be unjust or immoral.

In the American tradition, men have a recognized and cherished right of revolution, from which Thoreau derives the concept of civil disobedience. A man disgraces himself by associating with a government that treats even some of its citizens unjustly, even if he is not the direct victim of its injustice. Thoreau takes issue with William Paley, an English theologian and philosopher, who argues that any movement of resistance to government must balance the enormity of the grievance to be redressed and the "probability and expense" of redressing it. It may not be convenient to resist, and the personal costs may be greater than the injustice to be remedied; however, Thoreau firmly asserts the primacy of individual conscience over collective pragmatism.

Thoreau turns to the issue of effecting change through democratic means. The position of the majority, however legitimate in the context of a democracy, is not tantamount to a moral position. Thoreau believes that the real obstacle to reform lies with those who disapprove of the measures of government while tacitly lending it their practical allegiance. At the very least, if an unjust government is not to be directly resisted, a man of true conviction should cease to lend it his indirect support in the form of taxes. Thoreau acknowledges that it is realistically impossible to deprive the government of tax dollars for the specific policies that one wishes to oppose. Still, complete payment of his taxes would be tantamount to expressing complete allegiance to the State. Thoreau calls on his fellow citizens to withdraw their support from the government of Massachusetts and risk being thrown in prison for their resistance. Forced to keep all men in prison or abolish slavery, the State would quickly exhaust its resources and choose the latter course of action. For Thoreau, out of these acts of conscience flow "a man's real manhood and immortality."

Money is a generally corrupting force because it binds men to the institutions and the government responsible for unjust practices and policies, such as the enslavement of black Americans and the pursuit of war with Mexico. Thoreau sees a paradoxically inverse relationship between money and freedom. The poor man has the greatest liberty to resist because he depends the least on the government for his own welfare and protection.

After refusing to pay the poll tax for six years, Thoreau is thrown into jail for one night. While in prison, Thoreau realizes that the only advantage of the State is "superior physical strength." Otherwise, it is completely devoid of moral or intellectual authority, and even with its brute force, cannot compel him to think a certain way.

Why submit other people to one's own moral standard? Thoreau meditates at length on this question. While seeing his neighbors as essentially well-intentioned and in some respects undeserving of any moral contempt for their apparent indifference to the State's injustice, Thoreau nonetheless concludes that he has a human relation to his neighbors, and through them, millions of other men. He does not expect his neighbors to conform to his own beliefs, nor does he endeavor to change the nature of men. On the other hand, he refuses to tolerate the status quo.

Despite his stance of civil disobedience on the questions of slavery and the Mexican war, Thoreau claims to have great respect and admiration for the ideals of the American government and its institutions. Thoreau goes so far as to state that his first instinct has always been conformity. Statesmen, legislators, politicians--in short, any part of the machinery of state bureaucracy--are unable to scrutinize the government that lends them their authority. Thoreau values their contributions to society, their pragmatism and their diplomacy, but feels that only someone outside of government can speak the Truth about it.

The purest sources of truth are, in Thoreau's view, the Constitution and the Bible. Not surprisingly, Thoreau holds in low esteem the entire political class, which he considers incapable of devising the most basic forms of legislation. In his last paragraph, Thoreau comes full circle to discussing the authority and reach of government, which derives from the "sanction and consent of the governed." Democracy is not the last step in the evolution of government, as there is still greater room for the State to recognize the freedom and rights of the individual. Thoreau concludes on an utopic note, saying such a State is one he has imagined "but not yet anywhere seen."