Thoreau's Civil Disobedience

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.

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.

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.

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

An aphorism sometimes attributed to either Thomas Jeffersonor 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."^[16] 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^[17]

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 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.

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 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 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."