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论公民的不服从 On the Duty of Civil Disobedience
我真心接受这一名言——“最少管事的政府是最好的政府”；并希望它能更迅速更彻底地得到执行。执行之后，我也相信，它最终会变成：“一事不管的政府才是最好的政府”。只要人们对此有所期待，他们就会得到那样的政府。充其量政府只不过是一种权宜之计。但是大多数政府往往不得计，而所有的政府有时都会不得计。人们对常备军提出的意见很多，也很有份量，值得广泛宣传。但它最终也可能会用来反对常备政府。常备军只是政府的一个手臂。政府本身是由人民选择用来执行他们意志的一种模式。但是在人民能够通过它采取行动之前，它同样有可能被引入歧途，滥用职权。请看当前的墨西哥战争，这是相对少数人把常备政府当工具使用的例子。因为在一开始人民并不同意采取这种手段。
（梭罗的主张有点像是自由主义，并且在结果上倾向于无政府主义。读者按）
目前的美国政府——它实际上是个传统形式。虽说人选是新的，它却努力使自己完整地传送到下一代，而每一刻又都在失去它的完整性。除此之外它又能是什么呢？它的朝气和力量抵不上一个活人；因为一个人也能按他的意志使之屈从。对人民自己来说，它是一种木枪。如果他们一本正经地把它当真家伙用来互相攻击，它肯定会崩裂。但它的必要性不会因此而减少，因为人民必须要有这样或那样的复杂机器，并亲耳聆听它发出运转噪音，以此来满足他们有关政府的概念。因此政府便能显示出人们会多么容易地置身于强制之下，甚至是自我的强制，目的是为了从中获益。我们都必须承认这是桩妙事；但政府除了极善于偏离自己职能之外，它可从来没有促进过任何事业。它没有使国家保持自由。它没有安定西部。它没有提供教育。所有已取得的成就都是靠美国人民固有的性格而获得的；而且，要不是政府经常从中阻挠，这成就或许会更大些。如果人们能通过政府这一权宜之计实现互不约束，他们将会非常高兴。正如刚才所说，被统治者最不受约束时，正是统治机构最得计之时。贸易与商业，若没有与印第安人磨擦所造成的刺激，根本不可能越过立法者们不断设置的障碍而得以发展。如果我们仅根据政府行动的后果，而不顾及其动机，我们真应当将这批人当作那些在铁轨上放置障碍物的淘气鬼一样加以惩罚。
说实在的，作为一个公民，而不像那些自称为无政府的人，我并不要求立即废除政府，而是希望立即能有一个好一点的政府。让每一个人都说说什么样的政府能赢得他的尊敬，这将是建立那种政府的第一步。
（梭罗自己并不认为自己是一个无政府主义者）
当权力一旦落入人民手中，大部分人被允许长久地治理国家的理由毕竟不仅仅是因为他们代表着真理，也不因为这看来对少数人最公正，而是因为他们在力量上最强大。然而，即使是一个在所有情况下都由多数人统治的政府也不可能基于正义，哪怕是人们通常理解的正义。假设在政府里不靠多数人，而用良知来判断是非，多数人只决定政府该管或不该管的问题，这样的政府难道不可能实现吗？难道一个公民永远应当在特定时刻，或在最低程度上迫使他的良心服从立法者吗？如果这样，人们要良心又有何用？我想，我们首先应该是人，其次才是臣民。仅仅为了公正而培养尊敬法律的习惯是不可取的。我有权承担的惟一义务就是在任何时候做我认为是正确的事。公司没有良心，但是由有良心的人们组成的公司是有良心的公司，这样的说法完全正确。法律丝毫没有使人变得更公正些；相反，由于尊重法律，甚至是好心人也在日益变成非正义的执行者。你可以看到一个由士兵、上校、上尉、下士、一等兵和军火搬运工组成的队伍，以令人羡慕的队列翻山越岭，奔赴战争；但是由于他们违背了自己的意志、常情和良心，他们的行军变得异常困难，人人都感到心惊肉跳；这就是过分尊重法律的一个普通而自然的结果。他们所卷入的是一场可恶的交易，对此他们深信不疑；他们都希望和平。现在他们成了什么？是人吗？还是些小型活动堡垒或弹药库，在为某些不择手段的掌权者效劳？请参观海军基地，目睹一个水兵，那就是美国政府所能造就的人，或者说这就是它能用巫术把一个人改变成的模样：他只是人类的一个影子和回忆，一个被安放在那里站岗的活人。正如人们所说，这位士兵带着陪葬物，埋在武器堆里……
因此这些人并非作为人去为国效劳，而是作为肉体的机器。他们包括常备军、民兵、监狱看守、警察、地方民团等。在大部分情况下，他们自己的判断力和道德感没有发挥任何作用；他们视自己为木材、泥土和石块；要是能造出木头人来，也能达到同样的目的。这种人不会比稻草人或一堆土更能引起人们的尊敬。他们只具有与马和狗同等的价值。然而这样的人却被普遍视为好公民。其他人，诸如大多数立法者、政客、律师、牧师、官员等，主要用头脑来为国家服务。但是，由于他们很少辨别道德是非，而有可能不知不觉地像侍奉上帝一样为魔鬼服务。也有一些真正称得上是英雄、爱国者、殉道者或改革家的人，他们确实用良心为国家服务，因而往往会抵制国家的行径，结果他们通常被国家当作敌人看待。
一个人今天该怎样对待美国政府才合适呢？我说，他不可能与之相联而不失体面。我一刻也不能承认那个政治组织就是我的政府，因为它也是奴隶的政府。
所有的人都承认革命的权利：那就是当人们无法容忍一个独裁或无能的政府时，拒绝效忠并抵抗它的权力。但是几乎所有的人都说现在不是那种情况。他们认为只有１７７５年大革命才属于那种非常时期。要是有人告诉我，这是个坏政府，因为它向进入它港口的外国商品征税，我完全可能不把这种指控当回事，因为我可以不要这些商品：所有机器都有磨擦，这有可能抵消罪恶。无论如何，要是从中进行煽动便是极大的罪恶。但是当这一磨擦开始毁坏机器，当镇压和抢劫已组织起来时，我说，让我们再也不要这样的机器了。换句话说，当一个承诺要保护自由的国家的六分之一人口是奴隶，当一个国家完全被外国军队非法地蹂躏、征服，并由军法管制的时候，我想，过不了多久，诚实的人便会起来造反和革命。使得这一责任更为紧迫的事实是：被蹂躏的国家不是我们自己的，而侵略军却是我们的。
当然，一个人没有责任一定要致力于纠正某种谬误，哪怕是最不公正的谬误。他仍可以适当地从事其他事情。但他起码有责任同这谬误一刀两断。既然他不再拿它当回正事，他就应该基本上终止对它的支持。要是我致力于其他追求和思索，我首先至少得保证我没有骑在别人肩上。我必须先从他身上爬下来，好让他也能进行他自己的思索。请看这社会是多么地不和谐。我曾听到城里有些市民说：“我希望他们命令我前去镇压奴隶起义，或开赴墨西哥；——看我是否会去。”但正是这些人，他们每人都直接而忠诚地，起码是间接地通过出钱，提供了一个替身。拒绝参加一场非正义战争的士兵受到人们的赞美。可这些赞美者中的某些人并没有拒绝拥护那个发动这场战争的非正义政府。这些人的行为和权威正是士兵们所蔑视和不屑一顾的。在他们看来，似乎国家在犯罪时也有追悔之意，因而要专雇一人来鞭笞自己，但又没有后悔到要停止片刻犯罪的程度。因此在秩序和公民政府的名义下，我们最后都被迫对我们自己的卑劣行径表示敬意和支持。人们在犯罪的首次脸红之后学会了满不在乎。不道德似乎也变成了非道德。这种适应在我们的生活里并非完全没有必要。
……如果你被邻居骗走一元钱，你不可能仅仅满足于知道自己受骗，或对别人说自己受骗，或要求他如数偿还。你会立即采取有力步骤获得全部退赔，并设法保证自己不再受骗。出于原则的行动，——出于正义感并加以履行的行动，——能够改变事物及其关系。这种行动基本上是革命的，它同以前任何事物截然不同。它不仅分离了政府与教会，也分离了家庭；是的，它还分离个人，将他身上的恶魔从神圣的部分中分离出去。
非正义的法律的确存在。我们究竟是满足于服从它们，还是应当一边努力修改、一边服从它们直至我们成功，或者干脆超越它们？在目前这种政府统治下的人们通常认为他们应该等待，直至他们说服了多数人来修改法律。他们认为，如果他们抵抗，这种纠正方法将比罪恶的现状更坏。但造成这种无可补救局面的责任应当归咎于政府本身。它使之越改越坏。它为什么不能事先预计到改革并为之提供方便？它为什么不爱护少数明智的人？它为何在还没有受到伤害时就嚎叫着抵抗？它为何不鼓励公民们及时指出它的错误，并让他们主动地干好事情？它为何总是把基督钉在十字架上，将哥白尼和路德革出教门，并宣判华盛顿和富兰克林为叛逆？
有人会认为，政府对于那些故意而切实冒犯它权威的人往往是熟视无睹的。要不然，它怎么没有为此规定过明确、恰当和相应的惩罚？一个没有财产的人只要有一回拒绝向州政府交纳９个先令，他就会被送进监狱，关押他的时间不受我所知道的任何法律限制，仅仅由把他送进去的那伙人任意决定。但是，如果他从州里偷了９０倍于９先令的钱，他很快就能逍遥法外。
如果这样的不公正是政府机器必要磨擦的一部分，那就让它去，让它去吧。可能它会自己磨掉这些不平——当然，这机器到时也会完蛋。如果这种非正义有它专用的弹簧，滑轮，绳子，或曲柄，你可能认为改造它并不一定就是坏事。但是如果它的本性就要求你对另一人施虐，那么我要说，请犯法吧。用你的生命来反磨擦，好让这机器停止运转。在任何情况下，我必须保证自己不参与我所谴责的罪过。
至于说要执行州政府提出的消除罪恶的方法，我不知道有这种方法。它们费时太久，一个人的生命有限。我有其他事要做。我来到这世界的主要目的不是要将它建成生活的乐园，而是在此地生活，无论它好还是坏。一个人不必样样事都去做，而只需做一些事。正因为他不能样样事都做，他就不应该将一些事做错。假如州长或州议会没有义务向我请愿，我也没有义务向他们请愿。如果他们听不到我的请愿，我该怎么办？在目前情况下，州政府对此并没想出任何办法。真正的罪过在于它的宪法本身。这听来可能过于严厉、固执或不通情达理。但惟有这种精神才是我们对待宪治的态度，它含有最大程度的善意和最深刻的思考。这也是所有事物向好的方面转化的规律，就像人在同疾病的生死搏斗中会全身痉挛一样。
我毫不犹豫地敬告那些自称为废奴论者的人，他们必须立即真正地收回无论在个人和财产方面对马萨诸塞州政府的支持，不要等到他们形成多数后再在他们中间执行正义。我认为，只要有上帝站在他们那一边就够了，不必等待其他。再说，任何比他邻居更勇敢的人都可以形成一个多数。
我每年仅有一次机会通过收税官直接面对面地和美国政府，或它的代表——州政府打交道。这是像我这种处境的人必然和它打交道的惟一方式。这个政府十分清楚地要求我承认它。而我为了要在这种情况下应付它，并表达对它微乎其微的满意和爱戴，我的最简单、最有效、并在目前形势下最有必要的方式就是否认它。我的邻居，收税官，正是我要对付的人，——因为毕竟我并不跟羊皮纸文件，而是要跟人争论，——他已自愿当了政府的代理人……
在一个不公道地关押人的政府的统治下，一个正义者的真正归宿也是监狱。今天，马萨诸塞提供给那些较自由和有点朝气的人的合适地方就是她的监狱，州政府按自己的法令将他们驱逐出去或监禁起来，因为这些人已经按照他们的原则把自己放逐出去了。在监狱里，在那些逃亡的奴隶、保释的墨西哥战俘和前来投诉种族迫害的印第安人中间，他们找到了归宿。在那个与世隔绝，但更自由、更诚实的场所，州政府关押的不是赞成它，而是反对它的人，——那是一个蓄奴州里的自由人可以问心无愧地生活的惟一地方。如果有人认为，自由人的影响在监狱里会消失，他们的声音再也不能刺痛官员们的耳朵，他们在大墙之内也不再是敌人，那就错了。他们不知道真理要比谬误强大许多倍，也不知道亲身经历过一些非正义的人能够多么雄辩而有效地同非正义作斗争。投上你的整个选票吧，不单单是一张小纸条，而是你的全部影响。少数服从多数则软弱无力；它甚至还算不上少数。但如果尽全力抵制，它将势不可挡。一旦让州政府来选择出路：要么把所有正义者都关进监狱，要么放弃战争和奴隶制，我想它是会毫不迟疑的。要是今年有一千人拒交税款，那还算不上是暴力流血的手段。我们若交了税，则使州政府有能力实行暴力，造成无辜流血。事实上这就是和平革命的定义，要是任何这种革命是可能的话。假如那位收税官或任何其他政府官员问我，正如有人已问过的：“那么我该怎么办呢？”我的回答是：“如果你真要干点事，就请辞职吧。”当臣民拒绝效忠，官员辞去职务，那么这场革命就成功了。就算这种作法可能会引起流血吧。当人们的良心受到创伤时，这难道不也是一种流血吗？由于这种创伤，一个人将失去他真正的勇气和不朽的气质。他会如此流血不止，直至精神上的死亡。现在我看到这种无形的血正在流淌。
几年前，州政府曾以教会的名义要求我支付一笔钱以供养一个牧师，他的传道我父亲听过，而我从来未听过。“付钱吧，”它说，“要不然就进监狱。”我就是不付。但不幸的是另一个人觉得应该付。我不明白为什么教师要付税给牧师，而不是牧师付给教师。我不是州立学校的教师，但我靠自愿捐款为生。我不明白为什么学校就不能像教会那样，在州的支持下，提出自己的税单。然而，在当选议员们的要求下，我屈尊写下了这样的声明：“谨以此言为证，我，亨利·大卫·梭罗，不希望被认为是任何我没有加入的联合团体的一员。”我把这声明交给了镇公所的文书，他还保留着。虽然州政府当时说过，它必须坚持它原先的决定，但听说我不希望被认为是那个教堂的成员，打那以来，它一直没对我提出类似要求。我愿意一一签字，以表示与我从未签字认可的一切社会团体断绝关系。可惜我不知道这些团体的名称，也不知道该到何处去寻一份完整的名单。
我有六年没交人头税了。就为这我曾进监狱住了一晚。当我在那里站着思考，面对那二三英尺厚的坚实石墙、一英尺厚的木铁门和透光的铁栅栏时，我禁不住强烈地感到这监狱把我仅当作一个血肉之躯关进来是何等愚蠢。我怀疑它最后是否会断定这就是它对付我的最好方法，而从没想到要以某种方式来叫我做点事。我在想，虽然我和我的街坊邻里们之间隔了一堵石墙，但他们要达到像我一样自由，还有一堵更难攀越、更难打破的墙。我一刻也没感到被监禁，那墙似乎是石块和泥灰的巨大浪费。我似乎感到，全体市民中，只有我一人付了税。他们完全不知该怎样对待我，他们的言行缺乏教养。无论他们对我进行威胁或赞扬，总是错看了我的本意。因为他们认为，我的主要愿望是站到石墙的另一边。看到他们在我沉思时如何勤奋地锁门，我只好付之一笑。我的思绪不必开门，不必设障，又跟他们出去了，而这才是真正的危险。因为他们已无法理解我，他们便决定惩罚我的肉体；就像一群顽童，当他们无法接近他们所痛恨的人时，便虐待他的狗。我感到州政府智能低下，它就像拿着银汤匙的孤独女人一样胆小。它敌友不分。我对它剩下的一点尊敬已经荡然无存，我真为它遗憾。
由此看来，州政府从未有意识地正视过一个人的心灵，无论是从理智还是道义的角度。它只看到一个人的肉体和感官。它并不具备高级智能，也不见得诚实，只是在物质上强大罢了。我不是生来就受强制的人。我要按自己的方式呼吸空气。让我们看看谁最强大。民众有什么力量？他们只能强迫我，而我要服从比我更高的法规。他们强迫我成为像他们一样的人。我没听说有人应当服从多数人的强迫而以这种或那种方式生活。那样算是什么样的生活？当政府命令我说“交钱还是交命”时，我为什么要匆忙地把我的钱给它？它可能困难重重，不知如何是好；然而我怎么可能帮助它？它必须像我这样自己帮助自己。为此哭鼻子不值得。社会这部机器是否成功运转我不负责任，我不是工程师的儿子。我发现，当一粒橡子和一粒栗子并排落地后，没有哪个停下来谦让另一个。两者都按它们自己的规律，尽最大的能力去发芽、生长、变得茂盛。可能直至一个超越并毁灭另一个。一株植物如不能按自己本性生长则死亡；一个人也同样如此。
我不想与任何人或国家争吵。我不想无故挑剔，找出细微差别，也不想标榜自己高邻居一等。可以说，我甚至是要寻找一个借口来遵守国家法令。遵守国家法令我是再高兴不过了。但在这一问题上，我确实有理由怀疑自己。每年当收税官到来时，我总要审查一下国家和州政府的法令和态度，以及人民的情绪，以便找到一个遵守的前提。我相信州政府很快就会使我放弃所有这些作法，然后，我将变成一个和我的同胞相似的爱国者。从放低了的角度看，宪法虽然有许多缺陷，它仍不失为一部很好的宪法。法律和法庭令人尊敬。甚至本州政府和美国政府在许多方面也是相当令人钦佩而又罕见的机构，令人感恩不尽，许多人对此已作出描述。但是从略高一点的角度看，它们正如我已描述过的那样。要是换成最高的角度，有谁说得出它们是什么，或它们还真值得一看或一想？
然而政府与我没有多大关系，我将尽量不去想它。甚至在这个世界里，我在政府统治下生活的时刻不多。要是一个人思考自由，幻想自由，想象自由，不存在的事物从不会很久地被他看作是存在之物，那么，不明智的统治者和改革家的阻碍对他也起不了多大作用。
我知道大多数人与我想的不一样。但是那些专门以研究这一类问题为职业的人也很少令我满意。由于政治家和立法者们完全处于这一机构之内，他们决不可能清楚而客观地观察它。他们常说要推进社会，但他们舍此就没有立足之处。他们可能有一定的经验和见识，毫无疑问，也可能想出了一些有独创性的甚至是有用的制度，对此我们诚挚地感谢他们。但他们所有的智慧和效用都很有限。他们经常会忘记这世界并不是由政策和权宜之计所统治。丹尼尔·韦伯斯特从未调查过政府，因此，他也无权谈论它。对那些不考虑彻底改革现行政府的议员们来说，他的话就是智慧。而在思想家，那些一直在参与立法的思想家眼里，他从未正视过这一问题。据我了解，有些人通过对这一问题的宁静和明智的思考，不久将会揭示，韦伯斯特的思考范围和坦荡胸怀都是有限的。
但是与大多数改革者的平庸职业相比，与那些更为平庸而普通的政客的智慧与口才相比，韦伯斯特的话几乎是惟一有理智，有价值的话。我们为有他而感谢上帝。相比而言，他总是坚强有力，有独创性，尤其是讲究实际的。然而他的本质不是智慧，而是谨慎。律师的真理不是真理，只不过是协调，或协调的权宜之计。真理的自身永远是和谐的，它不是用来揭示那些可能与错误行为相一致的正义。韦伯斯特被称为“宪法的捍卫者”完全当之无愧。他对宪法只有捍卫，而从未真正攻击过。他不是领袖，而是随从。他的领袖是１７８７年起草宪法的人。“我从未作出努力，”他说，“从未建议作出努力，从未支持过努力，也从未打算支持那些企图打扰原定安排的努力。正是由于宪法的安排，各州组成了目前这个联邦。”在考虑宪法对奴隶制的默认问题时，他甚至说，“既然这是早先契约的一部分，——那就让它存在下去。”尽管他精明过人，才能超群，还是无法将一件事从它的纯政治关系中分离出来，把它看作是绝对要用才智来处理的事，——比如：在当今美国，就奴隶制这一问题，一个人到底应该干些什么。可是韦伯斯特只能或是被迫绝望地作出下列回答，同时还声明他是作为一个私下的朋友已把话说绝了， ——他这么说话，还能有什么新的和个人的社会责任的准则可谈？“方法，”他说，“以及那些蓄奴州的政府应该按什么形式来调整这一制度，必须由他们自己考虑，他们必须对他们的选民，对有关适度、人性和正义的普遍常规及上帝本身负责。在其他地方形成，从某种人类感情中产生，或由其他原因组成的社团都与此毫不相干。他们从未得到过我的鼓励，将来也永远不会得到。”
那些不知真理有更纯洁的源泉的人，那些不再沿真理的小溪往高处追寻的人，他们很聪明地守在圣经和宪法旁边，必恭必敬地掬水解渴。而那些看到水是从哪儿汇入这些湖泊的人们却再次整装出发，继续他们探寻真理源头的历程。
在美国没有出现过立法天才。这种人在世界史上亦属罕见。演说家、政治家和雄辩者成千上万，但是有能力解决当前棘手问题的发言人却尚未开口说话。我们喜欢雄辩只是因为它是一门技术，而不太考虑它可能表达的真理或激起某种英雄主义。我们的立法者们尚未懂得自由贸易和自由、联盟、公正对一个国家所具有的相对价值。他们没有天资或才能解决诸如税收、金融、商业、生产和农业等世俗政务。要是我们完全听凭国会里废话连篇的立法者们的指导，而他们的指导又得不到人民及时与合理的纠正，要不了多久，美国在世界上的地位便会丧失。《新约全书》问世已有一千八百年，虽然我可能没有资格说下面的话，但是具有足够智慧和实际能力以《新约》精神来指导立法科学的人又在哪里？
政府的权威，甚至是我愿顺从的权威，——因为我乐于服从那些懂得比我多、干得比我好的人，甚至在许多事情上服从那些懂得和干得都不如我的人，——仍然是不够纯洁的。严格说来，它必须得到被统治者的承认和同意。只要我没让步，它对我个人和财产就没有纯粹的权利。从绝对君主制到有限君主制，再从有限君主制到民主制的进程就是通向真正尊重个人的进程。我们所知道的民主制是否就是政府可能做的最后改进？难道就不能再迈进一步，承认并组织人权？州政府必须将个人作为一种更高和独立的力量而加以承认，并予以相应对待，因为政府所有的权力和权威都来自于这一力量。在此之前，决不会有真正自由和文明的州。我自鸣得意的是，我最后还是设想了一个州，这个州能公正对待所有的人，彬彬有礼地将个人视为邻居。即便有些人离群索居，只要他们不捣乱，也不听命于人，而是完成作为邻居和同胞的所有义务，州政府仍能处之泰然，任其自由。一个州如能结出这种果实，并忍耐到瓜熟蒂落的时刻，那将为我所设想的，另一个更完善、更壮丽的州铺平道路，尽管这个州至今任何地方都还看不到。
摘自《美国的历史文献》 赵一凡 编
三联书店１９８９年版
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, so long as the established government cannot be resisted or changed without public inconveniency, 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 as 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 any one 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, near at home, co-operate with, and do the bidding of those far away, and without whom the latter would be harmless. We are accustomed to say, that the mass of men are unprepared; but improvement is slow, because the few are not materially wiser or better than the many. It is not so important that many should be as 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 to-day? They hesitate, and they regret, and sometimes they petition; but they do nothing in earnest and with effect. They will wait, well disposed, for others 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 his 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 reason 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. Oh for a man who is a man, and, as my neighbor says, has a bone in 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 this 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 for 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 the 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 the 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 an 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 that 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 offence 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 do is to see, at any rate, that I do not lend myself to the wrong which I condemn.
As for adopting the ways which 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 unconciliatory; but it is to treat with the utmost kindness and consideration the only spirit that can appreciate or deserves it. So is an 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 what he is and does as an officer of the government, or as a man, until he is obliged to consider whether he shall 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 neighborliness 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 the following winter.
Under a government which imprisons any 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 desponding 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 what 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 the 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, at 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 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 me 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 have 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 or 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 a clever man." When the door was locked, he showed me where to hang my hat, and how he managed matters there. The rooms were whitewashed once a month; and this one, at least, was the whitest, most simply furnished, and probably the neatest apartment in the 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 man, 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 verses which were composed by some 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 and gray-headed man; and yet a change had 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 though 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 grating of a 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 or 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 what use and get what advantage 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 action 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 feeling 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 of 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
Our 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 a 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; seen from a higher still, and the highest, who shall say what they are, or that they are worth looking at or thinking of at all?
However, the government does not concern me much, and I shall bestow the fewest possible thoughts on it. It is not many moments that I live under a government, even in this world. If a man is thought-free, fancy-free, imagination-free, that which is not never for a long time appearing to be to him, unwise rulers or reformers cannot fatally interrupt him.
I know that most men think differently from myself; but those whose lives are by profession devoted to the study of these or kindred subjects, content me as little as any. Statesmen and legislators, standing so completely within the institution, never distinctly and nakedly behold it. They speak of moving society, but have no resting-place without it. They may be men of a certain experience and discrimination, and have no doubt invented ingenious and even useful systems, for which we sincerely thank them; but all their wit and usefulness lie within certain not very wide limits. They are wont to forget that the world is not governed by policy and expediency. Webster never goes behind government, and so cannot speak with authority about it. His words are wisdom to those legislators who contemplate no essential reform in the existing government; but for thinkers, and those who legislate for all time, 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 and 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 the various States came into the Union." Still thinking of the sanction which the Constitution gives to slavery, he says, "Because it was a 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 to-day 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 those States where slavery exists are to regulate it is for their own consideration, under their 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 humility; 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 fountain-head.
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 manufacturers 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 least 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 also I have imagined, but not yet anywhere seen.
（梭罗的主张有点像是自由主义，并且在结果上倾向于无政府主义。读者按）
目前的美国政府——它实际上是个传统形式。虽说人选是新的，它却努力使自己完整地传送到下一代，而每一刻又都在失去它的完整性。除此之外它又能是什么呢？它的朝气和力量抵不上一个活人；因为一个人也能按他的意志使之屈从。对人民自己来说，它是一种木枪。如果他们一本正经地把它当真家伙用来互相攻击，它肯定会崩裂。但它的必要性不会因此而减少，因为人民必须要有这样或那样的复杂机器，并亲耳聆听它发出运转噪音，以此来满足他们有关政府的概念。因此政府便能显示出人们会多么容易地置身于强制之下，甚至是自我的强制，目的是为了从中获益。我们都必须承认这是桩妙事；但政府除了极善于偏离自己职能之外，它可从来没有促进过任何事业。它没有使国家保持自由。它没有安定西部。它没有提供教育。所有已取得的成就都是靠美国人民固有的性格而获得的；而且，要不是政府经常从中阻挠，这成就或许会更大些。如果人们能通过政府这一权宜之计实现互不约束，他们将会非常高兴。正如刚才所说，被统治者最不受约束时，正是统治机构最得计之时。贸易与商业，若没有与印第安人磨擦所造成的刺激，根本不可能越过立法者们不断设置的障碍而得以发展。如果我们仅根据政府行动的后果，而不顾及其动机，我们真应当将这批人当作那些在铁轨上放置障碍物的淘气鬼一样加以惩罚。
说实在的，作为一个公民，而不像那些自称为无政府的人，我并不要求立即废除政府，而是希望立即能有一个好一点的政府。让每一个人都说说什么样的政府能赢得他的尊敬，这将是建立那种政府的第一步。
（梭罗自己并不认为自己是一个无政府主义者）
当权力一旦落入人民手中，大部分人被允许长久地治理国家的理由毕竟不仅仅是因为他们代表着真理，也不因为这看来对少数人最公正，而是因为他们在力量上最强大。然而，即使是一个在所有情况下都由多数人统治的政府也不可能基于正义，哪怕是人们通常理解的正义。假设在政府里不靠多数人，而用良知来判断是非，多数人只决定政府该管或不该管的问题，这样的政府难道不可能实现吗？难道一个公民永远应当在特定时刻，或在最低程度上迫使他的良心服从立法者吗？如果这样，人们要良心又有何用？我想，我们首先应该是人，其次才是臣民。仅仅为了公正而培养尊敬法律的习惯是不可取的。我有权承担的惟一义务就是在任何时候做我认为是正确的事。公司没有良心，但是由有良心的人们组成的公司是有良心的公司，这样的说法完全正确。法律丝毫没有使人变得更公正些；相反，由于尊重法律，甚至是好心人也在日益变成非正义的执行者。你可以看到一个由士兵、上校、上尉、下士、一等兵和军火搬运工组成的队伍，以令人羡慕的队列翻山越岭，奔赴战争；但是由于他们违背了自己的意志、常情和良心，他们的行军变得异常困难，人人都感到心惊肉跳；这就是过分尊重法律的一个普通而自然的结果。他们所卷入的是一场可恶的交易，对此他们深信不疑；他们都希望和平。现在他们成了什么？是人吗？还是些小型活动堡垒或弹药库，在为某些不择手段的掌权者效劳？请参观海军基地，目睹一个水兵，那就是美国政府所能造就的人，或者说这就是它能用巫术把一个人改变成的模样：他只是人类的一个影子和回忆，一个被安放在那里站岗的活人。正如人们所说，这位士兵带着陪葬物，埋在武器堆里……
因此这些人并非作为人去为国效劳，而是作为肉体的机器。他们包括常备军、民兵、监狱看守、警察、地方民团等。在大部分情况下，他们自己的判断力和道德感没有发挥任何作用；他们视自己为木材、泥土和石块；要是能造出木头人来，也能达到同样的目的。这种人不会比稻草人或一堆土更能引起人们的尊敬。他们只具有与马和狗同等的价值。然而这样的人却被普遍视为好公民。其他人，诸如大多数立法者、政客、律师、牧师、官员等，主要用头脑来为国家服务。但是，由于他们很少辨别道德是非，而有可能不知不觉地像侍奉上帝一样为魔鬼服务。也有一些真正称得上是英雄、爱国者、殉道者或改革家的人，他们确实用良心为国家服务，因而往往会抵制国家的行径，结果他们通常被国家当作敌人看待。
一个人今天该怎样对待美国政府才合适呢？我说，他不可能与之相联而不失体面。我一刻也不能承认那个政治组织就是我的政府，因为它也是奴隶的政府。
所有的人都承认革命的权利：那就是当人们无法容忍一个独裁或无能的政府时，拒绝效忠并抵抗它的权力。但是几乎所有的人都说现在不是那种情况。他们认为只有１７７５年大革命才属于那种非常时期。要是有人告诉我，这是个坏政府，因为它向进入它港口的外国商品征税，我完全可能不把这种指控当回事，因为我可以不要这些商品：所有机器都有磨擦，这有可能抵消罪恶。无论如何，要是从中进行煽动便是极大的罪恶。但是当这一磨擦开始毁坏机器，当镇压和抢劫已组织起来时，我说，让我们再也不要这样的机器了。换句话说，当一个承诺要保护自由的国家的六分之一人口是奴隶，当一个国家完全被外国军队非法地蹂躏、征服，并由军法管制的时候，我想，过不了多久，诚实的人便会起来造反和革命。使得这一责任更为紧迫的事实是：被蹂躏的国家不是我们自己的，而侵略军却是我们的。
当然，一个人没有责任一定要致力于纠正某种谬误，哪怕是最不公正的谬误。他仍可以适当地从事其他事情。但他起码有责任同这谬误一刀两断。既然他不再拿它当回正事，他就应该基本上终止对它的支持。要是我致力于其他追求和思索，我首先至少得保证我没有骑在别人肩上。我必须先从他身上爬下来，好让他也能进行他自己的思索。请看这社会是多么地不和谐。我曾听到城里有些市民说：“我希望他们命令我前去镇压奴隶起义，或开赴墨西哥；——看我是否会去。”但正是这些人，他们每人都直接而忠诚地，起码是间接地通过出钱，提供了一个替身。拒绝参加一场非正义战争的士兵受到人们的赞美。可这些赞美者中的某些人并没有拒绝拥护那个发动这场战争的非正义政府。这些人的行为和权威正是士兵们所蔑视和不屑一顾的。在他们看来，似乎国家在犯罪时也有追悔之意，因而要专雇一人来鞭笞自己，但又没有后悔到要停止片刻犯罪的程度。因此在秩序和公民政府的名义下，我们最后都被迫对我们自己的卑劣行径表示敬意和支持。人们在犯罪的首次脸红之后学会了满不在乎。不道德似乎也变成了非道德。这种适应在我们的生活里并非完全没有必要。
……如果你被邻居骗走一元钱，你不可能仅仅满足于知道自己受骗，或对别人说自己受骗，或要求他如数偿还。你会立即采取有力步骤获得全部退赔，并设法保证自己不再受骗。出于原则的行动，——出于正义感并加以履行的行动，——能够改变事物及其关系。这种行动基本上是革命的，它同以前任何事物截然不同。它不仅分离了政府与教会，也分离了家庭；是的，它还分离个人，将他身上的恶魔从神圣的部分中分离出去。
非正义的法律的确存在。我们究竟是满足于服从它们，还是应当一边努力修改、一边服从它们直至我们成功，或者干脆超越它们？在目前这种政府统治下的人们通常认为他们应该等待，直至他们说服了多数人来修改法律。他们认为，如果他们抵抗，这种纠正方法将比罪恶的现状更坏。但造成这种无可补救局面的责任应当归咎于政府本身。它使之越改越坏。它为什么不能事先预计到改革并为之提供方便？它为什么不爱护少数明智的人？它为何在还没有受到伤害时就嚎叫着抵抗？它为何不鼓励公民们及时指出它的错误，并让他们主动地干好事情？它为何总是把基督钉在十字架上，将哥白尼和路德革出教门，并宣判华盛顿和富兰克林为叛逆？
有人会认为，政府对于那些故意而切实冒犯它权威的人往往是熟视无睹的。要不然，它怎么没有为此规定过明确、恰当和相应的惩罚？一个没有财产的人只要有一回拒绝向州政府交纳９个先令，他就会被送进监狱，关押他的时间不受我所知道的任何法律限制，仅仅由把他送进去的那伙人任意决定。但是，如果他从州里偷了９０倍于９先令的钱，他很快就能逍遥法外。
如果这样的不公正是政府机器必要磨擦的一部分，那就让它去，让它去吧。可能它会自己磨掉这些不平——当然，这机器到时也会完蛋。如果这种非正义有它专用的弹簧，滑轮，绳子，或曲柄，你可能认为改造它并不一定就是坏事。但是如果它的本性就要求你对另一人施虐，那么我要说，请犯法吧。用你的生命来反磨擦，好让这机器停止运转。在任何情况下，我必须保证自己不参与我所谴责的罪过。
至于说要执行州政府提出的消除罪恶的方法，我不知道有这种方法。它们费时太久，一个人的生命有限。我有其他事要做。我来到这世界的主要目的不是要将它建成生活的乐园，而是在此地生活，无论它好还是坏。一个人不必样样事都去做，而只需做一些事。正因为他不能样样事都做，他就不应该将一些事做错。假如州长或州议会没有义务向我请愿，我也没有义务向他们请愿。如果他们听不到我的请愿，我该怎么办？在目前情况下，州政府对此并没想出任何办法。真正的罪过在于它的宪法本身。这听来可能过于严厉、固执或不通情达理。但惟有这种精神才是我们对待宪治的态度，它含有最大程度的善意和最深刻的思考。这也是所有事物向好的方面转化的规律，就像人在同疾病的生死搏斗中会全身痉挛一样。
我毫不犹豫地敬告那些自称为废奴论者的人，他们必须立即真正地收回无论在个人和财产方面对马萨诸塞州政府的支持，不要等到他们形成多数后再在他们中间执行正义。我认为，只要有上帝站在他们那一边就够了，不必等待其他。再说，任何比他邻居更勇敢的人都可以形成一个多数。
我每年仅有一次机会通过收税官直接面对面地和美国政府，或它的代表——州政府打交道。这是像我这种处境的人必然和它打交道的惟一方式。这个政府十分清楚地要求我承认它。而我为了要在这种情况下应付它，并表达对它微乎其微的满意和爱戴，我的最简单、最有效、并在目前形势下最有必要的方式就是否认它。我的邻居，收税官，正是我要对付的人，——因为毕竟我并不跟羊皮纸文件，而是要跟人争论，——他已自愿当了政府的代理人……
在一个不公道地关押人的政府的统治下，一个正义者的真正归宿也是监狱。今天，马萨诸塞提供给那些较自由和有点朝气的人的合适地方就是她的监狱，州政府按自己的法令将他们驱逐出去或监禁起来，因为这些人已经按照他们的原则把自己放逐出去了。在监狱里，在那些逃亡的奴隶、保释的墨西哥战俘和前来投诉种族迫害的印第安人中间，他们找到了归宿。在那个与世隔绝，但更自由、更诚实的场所，州政府关押的不是赞成它，而是反对它的人，——那是一个蓄奴州里的自由人可以问心无愧地生活的惟一地方。如果有人认为，自由人的影响在监狱里会消失，他们的声音再也不能刺痛官员们的耳朵，他们在大墙之内也不再是敌人，那就错了。他们不知道真理要比谬误强大许多倍，也不知道亲身经历过一些非正义的人能够多么雄辩而有效地同非正义作斗争。投上你的整个选票吧，不单单是一张小纸条，而是你的全部影响。少数服从多数则软弱无力；它甚至还算不上少数。但如果尽全力抵制，它将势不可挡。一旦让州政府来选择出路：要么把所有正义者都关进监狱，要么放弃战争和奴隶制，我想它是会毫不迟疑的。要是今年有一千人拒交税款，那还算不上是暴力流血的手段。我们若交了税，则使州政府有能力实行暴力，造成无辜流血。事实上这就是和平革命的定义，要是任何这种革命是可能的话。假如那位收税官或任何其他政府官员问我，正如有人已问过的：“那么我该怎么办呢？”我的回答是：“如果你真要干点事，就请辞职吧。”当臣民拒绝效忠，官员辞去职务，那么这场革命就成功了。就算这种作法可能会引起流血吧。当人们的良心受到创伤时，这难道不也是一种流血吗？由于这种创伤，一个人将失去他真正的勇气和不朽的气质。他会如此流血不止，直至精神上的死亡。现在我看到这种无形的血正在流淌。
几年前，州政府曾以教会的名义要求我支付一笔钱以供养一个牧师，他的传道我父亲听过，而我从来未听过。“付钱吧，”它说，“要不然就进监狱。”我就是不付。但不幸的是另一个人觉得应该付。我不明白为什么教师要付税给牧师，而不是牧师付给教师。我不是州立学校的教师，但我靠自愿捐款为生。我不明白为什么学校就不能像教会那样，在州的支持下，提出自己的税单。然而，在当选议员们的要求下，我屈尊写下了这样的声明：“谨以此言为证，我，亨利·大卫·梭罗，不希望被认为是任何我没有加入的联合团体的一员。”我把这声明交给了镇公所的文书，他还保留着。虽然州政府当时说过，它必须坚持它原先的决定，但听说我不希望被认为是那个教堂的成员，打那以来，它一直没对我提出类似要求。我愿意一一签字，以表示与我从未签字认可的一切社会团体断绝关系。可惜我不知道这些团体的名称，也不知道该到何处去寻一份完整的名单。
我有六年没交人头税了。就为这我曾进监狱住了一晚。当我在那里站着思考，面对那二三英尺厚的坚实石墙、一英尺厚的木铁门和透光的铁栅栏时，我禁不住强烈地感到这监狱把我仅当作一个血肉之躯关进来是何等愚蠢。我怀疑它最后是否会断定这就是它对付我的最好方法，而从没想到要以某种方式来叫我做点事。我在想，虽然我和我的街坊邻里们之间隔了一堵石墙，但他们要达到像我一样自由，还有一堵更难攀越、更难打破的墙。我一刻也没感到被监禁，那墙似乎是石块和泥灰的巨大浪费。我似乎感到，全体市民中，只有我一人付了税。他们完全不知该怎样对待我，他们的言行缺乏教养。无论他们对我进行威胁或赞扬，总是错看了我的本意。因为他们认为，我的主要愿望是站到石墙的另一边。看到他们在我沉思时如何勤奋地锁门，我只好付之一笑。我的思绪不必开门，不必设障，又跟他们出去了，而这才是真正的危险。因为他们已无法理解我，他们便决定惩罚我的肉体；就像一群顽童，当他们无法接近他们所痛恨的人时，便虐待他的狗。我感到州政府智能低下，它就像拿着银汤匙的孤独女人一样胆小。它敌友不分。我对它剩下的一点尊敬已经荡然无存，我真为它遗憾。
由此看来，州政府从未有意识地正视过一个人的心灵，无论是从理智还是道义的角度。它只看到一个人的肉体和感官。它并不具备高级智能，也不见得诚实，只是在物质上强大罢了。我不是生来就受强制的人。我要按自己的方式呼吸空气。让我们看看谁最强大。民众有什么力量？他们只能强迫我，而我要服从比我更高的法规。他们强迫我成为像他们一样的人。我没听说有人应当服从多数人的强迫而以这种或那种方式生活。那样算是什么样的生活？当政府命令我说“交钱还是交命”时，我为什么要匆忙地把我的钱给它？它可能困难重重，不知如何是好；然而我怎么可能帮助它？它必须像我这样自己帮助自己。为此哭鼻子不值得。社会这部机器是否成功运转我不负责任，我不是工程师的儿子。我发现，当一粒橡子和一粒栗子并排落地后，没有哪个停下来谦让另一个。两者都按它们自己的规律，尽最大的能力去发芽、生长、变得茂盛。可能直至一个超越并毁灭另一个。一株植物如不能按自己本性生长则死亡；一个人也同样如此。
我不想与任何人或国家争吵。我不想无故挑剔，找出细微差别，也不想标榜自己高邻居一等。可以说，我甚至是要寻找一个借口来遵守国家法令。遵守国家法令我是再高兴不过了。但在这一问题上，我确实有理由怀疑自己。每年当收税官到来时，我总要审查一下国家和州政府的法令和态度，以及人民的情绪，以便找到一个遵守的前提。我相信州政府很快就会使我放弃所有这些作法，然后，我将变成一个和我的同胞相似的爱国者。从放低了的角度看，宪法虽然有许多缺陷，它仍不失为一部很好的宪法。法律和法庭令人尊敬。甚至本州政府和美国政府在许多方面也是相当令人钦佩而又罕见的机构，令人感恩不尽，许多人对此已作出描述。但是从略高一点的角度看，它们正如我已描述过的那样。要是换成最高的角度，有谁说得出它们是什么，或它们还真值得一看或一想？
然而政府与我没有多大关系，我将尽量不去想它。甚至在这个世界里，我在政府统治下生活的时刻不多。要是一个人思考自由，幻想自由，想象自由，不存在的事物从不会很久地被他看作是存在之物，那么，不明智的统治者和改革家的阻碍对他也起不了多大作用。
我知道大多数人与我想的不一样。但是那些专门以研究这一类问题为职业的人也很少令我满意。由于政治家和立法者们完全处于这一机构之内，他们决不可能清楚而客观地观察它。他们常说要推进社会，但他们舍此就没有立足之处。他们可能有一定的经验和见识，毫无疑问，也可能想出了一些有独创性的甚至是有用的制度，对此我们诚挚地感谢他们。但他们所有的智慧和效用都很有限。他们经常会忘记这世界并不是由政策和权宜之计所统治。丹尼尔·韦伯斯特从未调查过政府，因此，他也无权谈论它。对那些不考虑彻底改革现行政府的议员们来说，他的话就是智慧。而在思想家，那些一直在参与立法的思想家眼里，他从未正视过这一问题。据我了解，有些人通过对这一问题的宁静和明智的思考，不久将会揭示，韦伯斯特的思考范围和坦荡胸怀都是有限的。
但是与大多数改革者的平庸职业相比，与那些更为平庸而普通的政客的智慧与口才相比，韦伯斯特的话几乎是惟一有理智，有价值的话。我们为有他而感谢上帝。相比而言，他总是坚强有力，有独创性，尤其是讲究实际的。然而他的本质不是智慧，而是谨慎。律师的真理不是真理，只不过是协调，或协调的权宜之计。真理的自身永远是和谐的，它不是用来揭示那些可能与错误行为相一致的正义。韦伯斯特被称为“宪法的捍卫者”完全当之无愧。他对宪法只有捍卫，而从未真正攻击过。他不是领袖，而是随从。他的领袖是１７８７年起草宪法的人。“我从未作出努力，”他说，“从未建议作出努力，从未支持过努力，也从未打算支持那些企图打扰原定安排的努力。正是由于宪法的安排，各州组成了目前这个联邦。”在考虑宪法对奴隶制的默认问题时，他甚至说，“既然这是早先契约的一部分，——那就让它存在下去。”尽管他精明过人，才能超群，还是无法将一件事从它的纯政治关系中分离出来，把它看作是绝对要用才智来处理的事，——比如：在当今美国，就奴隶制这一问题，一个人到底应该干些什么。可是韦伯斯特只能或是被迫绝望地作出下列回答，同时还声明他是作为一个私下的朋友已把话说绝了， ——他这么说话，还能有什么新的和个人的社会责任的准则可谈？“方法，”他说，“以及那些蓄奴州的政府应该按什么形式来调整这一制度，必须由他们自己考虑，他们必须对他们的选民，对有关适度、人性和正义的普遍常规及上帝本身负责。在其他地方形成，从某种人类感情中产生，或由其他原因组成的社团都与此毫不相干。他们从未得到过我的鼓励，将来也永远不会得到。”
那些不知真理有更纯洁的源泉的人，那些不再沿真理的小溪往高处追寻的人，他们很聪明地守在圣经和宪法旁边，必恭必敬地掬水解渴。而那些看到水是从哪儿汇入这些湖泊的人们却再次整装出发，继续他们探寻真理源头的历程。
在美国没有出现过立法天才。这种人在世界史上亦属罕见。演说家、政治家和雄辩者成千上万，但是有能力解决当前棘手问题的发言人却尚未开口说话。我们喜欢雄辩只是因为它是一门技术，而不太考虑它可能表达的真理或激起某种英雄主义。我们的立法者们尚未懂得自由贸易和自由、联盟、公正对一个国家所具有的相对价值。他们没有天资或才能解决诸如税收、金融、商业、生产和农业等世俗政务。要是我们完全听凭国会里废话连篇的立法者们的指导，而他们的指导又得不到人民及时与合理的纠正，要不了多久，美国在世界上的地位便会丧失。《新约全书》问世已有一千八百年，虽然我可能没有资格说下面的话，但是具有足够智慧和实际能力以《新约》精神来指导立法科学的人又在哪里？
政府的权威，甚至是我愿顺从的权威，——因为我乐于服从那些懂得比我多、干得比我好的人，甚至在许多事情上服从那些懂得和干得都不如我的人，——仍然是不够纯洁的。严格说来，它必须得到被统治者的承认和同意。只要我没让步，它对我个人和财产就没有纯粹的权利。从绝对君主制到有限君主制，再从有限君主制到民主制的进程就是通向真正尊重个人的进程。我们所知道的民主制是否就是政府可能做的最后改进？难道就不能再迈进一步，承认并组织人权？州政府必须将个人作为一种更高和独立的力量而加以承认，并予以相应对待，因为政府所有的权力和权威都来自于这一力量。在此之前，决不会有真正自由和文明的州。我自鸣得意的是，我最后还是设想了一个州，这个州能公正对待所有的人，彬彬有礼地将个人视为邻居。即便有些人离群索居，只要他们不捣乱，也不听命于人，而是完成作为邻居和同胞的所有义务，州政府仍能处之泰然，任其自由。一个州如能结出这种果实，并忍耐到瓜熟蒂落的时刻，那将为我所设想的，另一个更完善、更壮丽的州铺平道路，尽管这个州至今任何地方都还看不到。
摘自《美国的历史文献》 赵一凡 编
三联书店１９８９年版
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, so long as the established government cannot be resisted or changed without public inconveniency, 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 as 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 any one 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, near at home, co-operate with, and do the bidding of those far away, and without whom the latter would be harmless. We are accustomed to say, that the mass of men are unprepared; but improvement is slow, because the few are not materially wiser or better than the many. It is not so important that many should be as 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 to-day? They hesitate, and they regret, and sometimes they petition; but they do nothing in earnest and with effect. They will wait, well disposed, for others 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 his 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 reason 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. Oh for a man who is a man, and, as my neighbor says, has a bone in 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 this 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 for 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 the 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 the 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 an 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 that 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 offence 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 do is to see, at any rate, that I do not lend myself to the wrong which I condemn.
As for adopting the ways which 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 unconciliatory; but it is to treat with the utmost kindness and consideration the only spirit that can appreciate or deserves it. So is an 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 what he is and does as an officer of the government, or as a man, until he is obliged to consider whether he shall 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 neighborliness 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 the following winter.
Under a government which imprisons any 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 desponding 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 what 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 the 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, at 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 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 me 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 have 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 or 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 a clever man." When the door was locked, he showed me where to hang my hat, and how he managed matters there. The rooms were whitewashed once a month; and this one, at least, was the whitest, most simply furnished, and probably the neatest apartment in the 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 man, 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 verses which were composed by some 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 and gray-headed man; and yet a change had 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 though 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 grating of a 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 or 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 what use and get what advantage 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 action 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 feeling 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 of 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
Our 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 a 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; seen from a higher still, and the highest, who shall say what they are, or that they are worth looking at or thinking of at all?
However, the government does not concern me much, and I shall bestow the fewest possible thoughts on it. It is not many moments that I live under a government, even in this world. If a man is thought-free, fancy-free, imagination-free, that which is not never for a long time appearing to be to him, unwise rulers or reformers cannot fatally interrupt him.
I know that most men think differently from myself; but those whose lives are by profession devoted to the study of these or kindred subjects, content me as little as any. Statesmen and legislators, standing so completely within the institution, never distinctly and nakedly behold it. They speak of moving society, but have no resting-place without it. They may be men of a certain experience and discrimination, and have no doubt invented ingenious and even useful systems, for which we sincerely thank them; but all their wit and usefulness lie within certain not very wide limits. They are wont to forget that the world is not governed by policy and expediency. Webster never goes behind government, and so cannot speak with authority about it. His words are wisdom to those legislators who contemplate no essential reform in the existing government; but for thinkers, and those who legislate for all time, 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 and 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 the various States came into the Union." Still thinking of the sanction which the Constitution gives to slavery, he says, "Because it was a 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 to-day 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 those States where slavery exists are to regulate it is for their own consideration, under their 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 humility; 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 fountain-head.
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 manufacturers 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 least 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 also I have imagined, but not yet anywhere seen.
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