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                 ON THE DUTY OF CIVIL DISOBEDIENCE



    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 the 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 mischievous

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 once 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 cannot be based on justice;

even as far as men understand it。  Can there not be a government in

which 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 of 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 of injustice。  A common and natural result of an undue

respect for 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 accompaniments; 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 we 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 judgment 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 they 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 secondary 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 is

pronounced a benefactor and philanthropist。

    How does it become a man to behave toward this 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 the 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 is;


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