HOW MUCH LAND DOES A MAN NEED?
LEO TOLSTOY
www.gutenberg.org/ebooks/6157

I

An elder sister came to visit her younger sister in the country. The elder was married to a tradesman in town, the younger to a peasant in the village. As the sisters sat over their tea talking, the elder began to boast of the advantages of town life: saying how comfortably they lived there, how well they dressed, what fine clothes her children wore, what good things they ate and drank, and how she went to the theatre, promenades, and entertainments.

The younger sister was piqued, and in turn disparaged the life of a tradesman, and stood up for that of a peasant.

"I would not change my way of life for yours," said she. "We may live roughly, but at least we are free from anxiety. You live in better style than we do, but though you often earn more than you need, you are very likely to lose all you have. You know the proverb, 'Loss and gain are brothers twain.' It often happens that people who are wealthy one day are begging their bread the next. Our way is safer. Though a peasant's life is not a fat one, it is a long one. We shall never grow rich, but we shall always have enough to eat."

The elder sister said sneeringly:

"Enough? Yes, if you like to share with the pigs and the calves! What do you know of elegance or manners! However much your good man may slave, you will die as you are living-on a dung heap-and your children the same."

"Well, what of that?" replied the younger. "Of course our work is rough and coarse. But, on the other hand, it is sure; and we need not bow to any one. But you, in your towns, are surrounded by temptations; today all may be right, but tomorrow the Evil One may tempt your husband with cards, wine, or women, and all will go to ruin. Don't such things happen often enough?"

Pahom, the master of the house, was lying on the top of the oven, and he listened to the women's chatter.

"It is perfectly true," thought he. "Busy as we are from childhood tilling Mother Earth, we peasants have no time to let any nonsense settle in our heads. Our only trouble is that we haven't land enough. If I had plenty of land, I shouldn't fear the Devil himself!"

The women finished their tea, chatted a while about dress, and then cleared away the tea-things and lay down to sleep.

But the Devil had been sitting behind the oven, and had heard all that was said. He was pleased that the peasant's wife had led her husband into boasting, and that he had said that if he had plenty of land he would not fear the Devil himself.

"All right," thought the Devil. "We will have a tussle. I'll give you land enough; and by means of that land I will get you into my power."

II

Close to the village there lived a lady, a small landowner, who had an estate of about three hundred acres. She had always lived on good terms with the peasants, until she engaged as her steward an old soldier, who took to burdening the people with fines. However careful Pahom tried to be, it happened again and again that now a horse of his got among the lady's oats, now a cow strayed into her garden, now his calves found their way into her meadows-and he always had to pay a fine.

Pahom paid, but grumbled, and, going home in a temper, was rough with his family. All through that summer Pahom had much trouble because of this steward; and he was even glad when winter came and the cattle had to be stabled. Though he grudged the fodder when they could no longer graze on the pasture-land, at least he was free from anxiety about them.

In the winter the news got about that the lady was going to sell her land, and that the keeper of the inn on the high road was bargaining for it. When the peasants heard this they were very much alarmed.

"Well," thought they, "if the innkeeper gets the land he will worry us with fines worse than the lady's steward. We all depend on that estate."

So the peasants went on behalf of their Commune, and asked the lady not to sell the land to the innkeeper; offering her a better price for it themselves. The lady agreed to let them have it. Then the peasants tried to arrange for the Commune to buy the whole estate, so that it might be held by all in common. They met twice to discuss it, but could not settle the matter; the Evil One sowed discord among them, and they could not agree. So they decided to buy the land individually, each according to his means; and the lady agreed to this plan as she had to the other.

Presently Pahom heard that a neighbor of his was buying fifty acres, and that the lady had consented to accept one half in cash and to wait a year for the other half. Pahom felt envious.

"Look at that," thought he, "the land is all being sold, and I shall get none of it." So he spoke to his wife.

"Other people are buying," said he, "and we must also buy twenty acres or so. Life is becoming impossible. That steward is simply crushing us with his fines."

So they put their heads together and considered how they could manage to buy it. They had one hundred roubles laid by. They sold a colt, and one half of their bees; hired out one of their sons as a laborer, and took his wages in advance; borrowed the rest from a brother-in-law, and so scraped together half the purchase money.

Having done this, Pahom chose out a farm of forty acres, some of it wooded, and went to the lady to bargain for it. They came to an agreement, and he shook hands with her upon it, and paid her a deposit in advance. Then they went to town and signed the deeds; he paying half the price down, and undertaking to pay the remainder within two years.

So now Pahom had land of his own. He borrowed seed, and sowed it on the land he had bought. The harvest was a good one, and within a year he had managed to pay off his debts both to the lady and to his brother-in-law. So he became a landowner, ploughing and sowing his own land, making hay on his own land, cutting his own trees, and feeding his cattle on his own pasture. When he went out to plough his fields, or to look at his growing corn, or at his grass meadows, his heart would fill with joy. The grass that grew and the flowers that bloomed there, seemed to him unlike any that grew elsewhere. Formerly, when he had passed by that land, it had appeared the same as any other land, but now it seemed quite different.

III

So Pahom was well contented, and everything would have been right if the neighboring peasants would only not have trespassed on his corn-fields and meadows. He appealed to them most civilly, but they still went on: now the Communal herdsmen would let the village cows stray into his meadows; then horses from the night pasture would get among his corn. Pahom turned them out again and again, and forgave their owners, and for a long time he forbore from prosecuting any one. But at last he lost patience and complained to the District Court. He knew it was the peasants' want of land, and no evil intent on their part, that caused the trouble; but he thought:

"I cannot go on overlooking it, or they will destroy all I have. They must be taught a lesson."

So he had them up, gave them one lesson, and then another, and two or three of the peasants were fined. After a time Pahom's neighbours began to bear him a grudge for this, and would now and then let their cattle on his land on purpose. One peasant even got into Pahom's wood at night and cut down five young lime trees for their bark. Pahom passing through the wood one day noticed something white. He came nearer, and saw the stripped trunks lying on the ground, and close by stood the stumps, where the tree had been. Pahom was furious.

"If he had only cut one here and there it would have been bad enough," thought Pahom, "but the rascal has actually cut down a whole clump. If I could only find out who did this, I would pay him out."

He racked his brains as to who it could be. Finally he decided: "It must be Simon-no one else could have done it." Se he went to Simon's homestead to have a look around, but he found nothing, and only had an angry scene. However' he now felt more certain than ever that Simon had done it, and he lodged a complaint. Simon was summoned. The case was tried, and re-tried, and at the end of it all Simon was acquitted, there being no evidence against him. Pahom felt still more aggrieved, and let his anger loose upon the Elder and the Judges.

"You let thieves grease your palms," said he. "If you were honest folk yourselves, you would not let a thief go free."

So Pahom quarrelled with the Judges and with his neighbors. Threats to burn his building began to be uttered. So though Pahom had more land, his place in the Commune was much worse than before.

About this time a rumor got about that many people were moving to new parts.

"There's no need for me to leave my land," thought Pahom. "But some of the others might leave our village, and then there would be more room for us. I would take over their land myself, and make my estate a bit bigger. I could then live more at ease. As it is, I am still too cramped to be comfortable."

One day Pahom was sitting at home, when a peasant passing through the village, happened to call in. He was allowed to stay the night, and supper was given him. Pahom had a talk with this peasant and asked him where he came from. The stranger answered that he came from beyond the Volga, where he had been working. One word led to another, and the man went on to say that many people were settling in those parts. He told how some people from his village had settled there. They had joined the Commune, and had had twenty-five acres per man granted them. The land was so good, he said, that the rye sown on it grew as high as a horse, and so thick that five cuts of a sickle made a sheaf. One peasant, he said, had brought nothing with him but his bare hands, and now he had six horses and two cows of his own.

Pahom's heart kindled with desire. He thought:

"Why should I suffer in this narrow hole, if one can live so well elsewhere? I will sell my land and my homestead here, and with the money I will start afresh over there and get everything new. In this crowded place one is always having trouble. But I must first go and find out all about it myself."

Towards summer he got ready and started. He went down the Volga on a steamer to Samara, then walked another three hundred miles on foot, and at last reached the place. It was just as the stranger had said. The peasants had plenty of land: every man had twenty-five acres of Communal land given him for his use, and any one who had money could buy, besides, at fifty-cents an acre as much good freehold land as he wanted.

Having found out all he wished to know, Pahom returned home as autumn came on, and began selling off his belongings. He sold his land at a profit, sold his homestead and all his cattle, and withdrew from membership of the Commune. He only waited till the spring, and then started with his family for the new settlement.

IV

As soon as Pahom and his family arrived at their new abode, he applied for admission into the Commune of a large village. He stood treat to the Elders, and obtained the necessary documents. Five shares of Communal land were given him for his own and his sons' use: that is to say—125 acres (not altogether, but in different fields) besides the use of the Communal pasture. Pahom put up the buildings he needed, and bought cattle. Of the Communal land alone he had three times as much as at his former home, and the land was good corn-land. He was ten times better off than he had been. He had plenty of arable land and pasturage, and could keep as many head of cattle as he liked.

At first, in the bustle of building and settling down, Pahom was pleased with it all, but when he got used to it he began to think that even here he had not enough land. The first year, he sowed wheat on his share of the Communal land, and had a good crop. He wanted to go on sowing wheat, but had not enough Communal land for the purpose, and what he had already used was not available; for in those parts wheat is only sown on virgin soil or on fallow land. It is sown for one or two years, and then the land lies fallow till it is again overgrown with prairie grass. There were many who wanted such land, and there was not enough for all; so that people quarrelled about it. Those who were better off, wanted it for growing wheat, and those who were poor, wanted it to let to dealers, so that they might raise money to pay their taxes. Pahom wanted to sow more wheat; so he rented land from a dealer for a year. He sowed much wheat and had a fine crop, but the land was too far from the village—the wheat had to be carted more than ten miles. After a time Pahom noticed that some peasant-dealers were living on separate farms, and were growing wealthy; and he thought:

"If I were to buy some freehold land, and have a homestead on it, it would be a different thing, altogether. Then it would all be nice and compact."

The question of buying freehold land recurred to him again and again.

He went on in the same way for three years; renting land and sowing wheat. The seasons turned out well and the crops were good, so that he began to lay money by. He might have gone on living contentedly, but he grew tired of having to rent other people's land every year, and having to scramble for it. Wherever there was good land to be had, the peasants would rush for it and it was taken up at once, so that unless you were sharp about it you got none. It happened in the third year that he and a dealer together rented a piece of pasture land from some peasants; and they had already ploughed it up, when there was some dispute, and the peasants went to law about it, and things fell out so that the labor was all lost. "If it were my own land," thought Pahom, "I should be independent, and there would not be all this unpleasantness."

So Pahom began looking out for land which he could buy; and he came across a peasant who had bought thirteen hundred acres, but having got into difficulties was willing to sell again cheap. Pahom bargained and haggled with him, and at last they settled the price at 1,500 roubles, part in cash and part to be paid later. They had all but clinched the matter, when a passing dealer happened to stop at Pahom's one day to get a feed for his horse. He drank tea with Pahom, and they had a talk. The dealer said that he was just returning from the land of the Bashkirs, far away, where he had bought thirteen thousand acres of land all for 1,000 roubles. Pahom questioned him further, and the tradesman said:

"All one need do is to make friends with the chiefs. I gave away about one hundred roubles' worth of dressing-gowns and carpets, besides a case of tea, and I gave wine to those who would drink it; and I got the land for less than two cents an acre. And he showed Pahom the title-deeds, saying:

"The land lies near a river, and the whole prairie is virgin soil."

Pahom plied him with questions, and the tradesman said:

"There is more land there than you could cover if you walked a year, and it all belongs to the Bashkirs. They are as simple as sheep, and land can be got almost for nothing."

"There now," thought Pahom, "with my one thousand roubles, why should I get only thirteen hundred acres, and saddle myself with a debt besides. If I take it out there, I can get more than ten times as much for the money."

V

Pahom inquired how to get to the place, and as soon as the tradesman had left him, he prepared to go there himself. He left his wife to look after the homestead, and started on his journey taking his man with him. They stopped at a town on their way, and bought a case of tea, some wine, and other presents, as the tradesman had advised. On and on they went until they had gone more than three hundred miles, and on the seventh day they came to a place where the Bashkirs had pitched their tents. It was all just as the tradesman had said. The people lived on the steppes, by a river, in felt-covered tents. They neither tilled the ground, nor ate bread. Their cattle and horses grazed in herds on the steppe. The colts were tethered behind the tents, and the mares were driven to them twice a day. The mares were milked, and from the milk kumiss was made. It was the women who prepared kumiss, and they also made cheese. As far as the men were concerned, drinking kumiss and tea, eating mutton, and playing on their pipes, was all they cared about. They were all stout and merry, and all the summer long they never thought of doing any work. They were quite ignorant, and knew no Russian, but were good-natured enough.

As soon as they saw Pahom, they came out of their tents and gathered round their visitor. An interpreter was found, and Pahom told them he had come about some land. The Bashkirs seemed very glad; they took Pahom and led him into one of the best tents, where they made him sit on some down cushions placed on a carpet, while they sat round him. They gave him tea and kumiss, and had a sheep killed, and gave him mutton to eat. Pahom took presents out of his cart and distributed them among the Bashkirs, and divided amongst them the tea. The Bashkirs were delighted. They talked a great deal among themselves, and then told the interpreter to translate.

"They wish to tell you," said the interpreter, "that they like you, and that it is our custom to do all we can to please a guest and to repay him for his gifts. You have given us presents, now tell us which of the things we possess please you best, that we may present them to you."

"What pleases me best here," answered Pahom, "is your land. Our land is crowded, and the soil is exhausted; but you have plenty of land and it is good land. I never saw the like of it."

The interpreter translated. The Bashkirs talked among themselves for a while. Pahom could not understand what they were saying, but saw that they were much amused, and that they shouted and laughed. Then they were silent and looked at Pahom while the interpreter said:

"They wish me to tell you that in return for your presents they will gladly give you as much land as you want. You have only to point it out with your hand and it is yours."

The Bashkirs talked again for a while and began to dispute. Pahom asked what they were disputing about, and the interpreter told him that some of them thought they ought to ask their Chief about the land and not act in his absence, while others thought there was no need to wait for his return.

VI

While the Bashkirs were disputing, a man in a large fox-fur cap appeared on the scene. They all became silent and rose to their feet. The interpreter said, "This is our Chief himself."

Pahom immediately fetched the best dressing-gown and five pounds of tea, and offered these to the Chief. The Chief accepted them, and seated himself in the place of honour. The Bashkirs at once began telling him something. The Chief listened for a while, then made a sign with his head for them to be silent, and addressing himself to Pahom, said in Russian:

"Well, let it be so. Choose whatever piece of land you like; we have plenty of it."

"How can I take as much as I like?" thought Pahom. "I must get a deed to make it secure, or else they may say, 'It is yours,' and afterwards may take it away again."

"Thank you for your kind words," he said aloud. "You have much land, and I only want a little. But I should like to be sure which bit is mine. Could it not be measured and made over to me? Life and death are in God's hands. You good people give it to me, but your children might wish to take it away again."

"You are quite right," said the Chief. "We will make it over to you."

"I heard that a dealer had been here," continued Pahom, "and that you gave him a little land, too, and signed title-deeds to that effect. I should like to have it done in the same way."

The Chief understood.

"Yes," replied he, "that can be done quite easily. We have a scribe, and we will go to town with you and have the deed properly sealed."

"And what will be the price?" asked Pahom.

"Our price is always the same: one thousand roubles a day."

Pahom did not understand.

"A day? What measure is that? How many acres would that be?"

"We do not know how to reckon it out," said the Chief. "We sell it by the day. As much as you can go round on your feet in a day is yours, and the price is one thousand roubles a day."

Pahom was surprised.

"But in a day you can get round a large tract of land," he said.

The Chief laughed.

"It will all be yours!" said he. "But there is one condition: If you don't return on the same day to the spot whence you started, your money is lost."

"But how am I to mark the way that I have gone?"

"Why, we shall go to any spot you like, and stay there. You must start from that spot and make your round, taking a spade with you. Wherever you think necessary, make a mark. At every turning, dig a hole and pile up the turf; then afterwards we will go round with a plough from hole to hole. You may make as large a circuit as you please, but before the sun sets you must return to the place you started from. All the land you cover will be yours."

Pahom was delighted. It-was decided to start early next morning. They talked a while, and after drinking some more kumiss and eating some more mutton, they had tea again, and then the night came on. They gave Pahom a feather-bed to sleep on, and the Bashkirs dispersed for the night, promising to assemble the next morning at daybreak and ride out before sunrise to the appointed spot.

VII

Pahom lay on the feather-bed, but could not sleep. He kept thinking about the land.

"What a large tract I will mark off!" thought he. "I can easily go thirty-five miles in a day. The days are long now, and within a circuit of thirty-five miles what a lot of land there will be! I will sell the poorer land, or let it to peasants, but I'll pick out the best and farm it. I will buy two ox-teams, and hire two more laborers. About a hundred and fifty acres shall be plough-land, and I will pasture cattle on the rest."

Pahom lay awake all night, and dozed off only just before dawn. Hardly were his eyes closed when he had a dream. He thought he was lying in that same tent, and heard somebody chuckling outside. He wondered who it could be, and rose and went out, and he saw the Bashkir Chief sitting in front of the tent holding his side and rolling about with laughter. Going nearer to the Chief, Pahom asked: "What are you laughing at?" But he saw that it was no longer the Chief, but the dealer who had recently stopped at his house and had told him about the land. Just as Pahom was going to ask, "Have you been here long?" he saw that it was not the dealer, but the peasant who had come up from the Volga, long ago, to Pahom's old home. Then he saw that it was not the peasant either, but the Devil himself with hoofs and horns, sitting there and chuckling, and before him lay a man barefoot, prostrate on the ground, with only trousers and a shirt on. And Pahom dreamt that he looked more attentively to see what sort of a man it was lying there, and he saw that the man was dead, and that it was himself! He awoke horror-struck.

"What things one does dream," thought he.

Looking round he saw through the open door that the dawn was breaking.

"It's time to wake them up," thought he. "We ought to be starting."

He got up, roused his man (who was sleeping in his cart), bade him harness; and went to call the Bashkirs.

"It's time to go to the steppe to measure the land," he said.

The Bashkirs rose and assembled, and the Chief came, too. Then they began drinking kumiss again, and offered Pahom some tea, but he would not wait.

"If we are to go, let us go. It is high time," said he.

VIII

The Bashkirs got ready and they all started: some mounted on horses, and some in carts. Pahom drove in his own small cart with his servant, and took a spade with him. When they reached the steppe, the morning red was beginning to kindle. They ascended a hillock (called by the Bashkirs a shikhan) and dismounting from their carts and their horses, gathered in one spot. The Chief came up to Pahom and stretched out his arm towards the plain:

"See," said he, "all this, as far as your eye can reach, is ours. You may have any part of it you like."

Pahom's eyes glistened: it was all virgin soil, as flat as the palm of your hand, as black as the seed of a poppy, and in the hollows different kinds of grasses grew breast high.

The Chief took off his fox-fur cap, placed it on the ground and said:

"This will be the mark. Start from here, and return here again. All the land you go round shall be yours."

Pahom took out his money and put it on the cap. Then he took off his outer coat, remaining in his sleeveless under coat. He unfastened his girdle and tied it tight below his stomach, put a little bag of bread into the breast of his coat, and tying a flask of water to his girdle, he drew up the tops of his boots, took the spade from his man, and stood ready to start. He considered for some moments which way he had better go—it was tempting everywhere.

"No matter," he concluded, "I will go towards the rising sun."

He turned his face to the east, stretched himself, and waited for the sun to appear above the rim.

"I must lose no time," he thought, "and it is easier walking while it is still cool."

The sun's rays had hardly flashed above the horizon, before Pahom, carrying the spade over his shoulder, went down into the steppe.

Pahom started walking neither slowly nor quickly. After having gone a thousand yards he stopped, dug a hole and placed pieces of turf one on another to make it more visible. Then he went on; and now that he had walked off his stiffness he quickened his pace. After a while he dug another hole.

Pahom looked back. The hillock could be distinctly seen in the sunlight, with the people on it, and the glittering tires of the cartwheels. At a rough guess Pahom concluded that he had walked three miles. It was growing warmer; he took off his under-coat, flung it across his shoulder, and went on again. It had grown quite warm now; he looked at the sun, it was time to think of breakfast.

"The first shift is done, but there are four in a day, and it is too soon yet to turn. But I will just take off my boots," said he to himself.

He sat down, took off his boots, stuck them into his girdle, and went on. It was easy walking now.

"I will go on for another three miles," thought he, "and then turn to the left. The spot is so fine, that it would be a pity to lose it. The further one goes, the better the land seems."

He went straight on a for a while, and when he looked round, the hillock was scarcely visible and the people on it looked like black ants, and he could just see something glistening there in the sun.

"Ah," thought Pahom, "I have gone far enough in this direction, it is time to turn. Besides I am in a regular sweat, and very thirsty."

He stopped, dug a large hole, and heaped up pieces of turf. Next he untied his flask, had a drink, and then turned sharply to the left. He went on and on; the grass was high, and it was very hot.

Pahom began to grow tired: he looked at the sun and saw that it was noon.

"Well," he thought, "I must have a rest."

He sat down, and ate some bread and drank some water; but he did not lie down, thinking that if he did he might fall asleep. After sitting a little while, he went on again. At first he walked easily: the food had strengthened him; but it had become terribly hot, and he felt sleepy; still he went on, thinking: "An hour to suffer, a life-time to live."

He went a long way in this direction also, and was about to turn to the left again, when he perceived a damp hollow: "It would be a pity to leave that out," he thought. "Flax would do well there." So he went on past the hollow, and dug a hole on the other side of it before he turned the corner. Pahom looked towards the hillock. The heat made the air hazy: it seemed to be quivering, and through the haze the people on the hillock could scarcely be seen.

"Ah!" thought Pahom, "I have made the sides too long; I must make this one shorter." And he went along the third side, stepping faster. He looked at the sun: it was nearly half way to the horizon, and he had not yet done two miles of the third side of the square. He was still ten miles from the goal.

"No," he thought, "though it will make my land lopsided, I must hurry back in a straight line now. I might go too far, and as it is I have a great deal of land."

So Pahom hurriedly dug a hole, and turned straight towards the hillock.

IX

Pahom went straight towards the hillock, but he now walked with difficulty. He was done up with the heat, his bare feet were cut and bruised, and his legs began to fail. He longed to rest, but it was impossible if he meant to get back before sunset. The sun waits for no man, and it was sinking lower and lower.

"Oh dear," he thought, "if only I have not blundered trying for too much! What if I am too late?"

He looked towards the hillock and at the sun. He was still far from his goal, and the sun was already near the rim. Pahom walked on and on; it was very hard walking, but he went quicker and quicker. He pressed on, but was still far from the place. He began running, threw away his coat, his boots, his flask, and his cap, and kept only the spade which he used as a support.

"What shall I do," he thought again, "I have grasped too much, and ruined the whole affair. I can't get there before the sun sets."

And this fear made him still more breathless. Pahom went on running, his soaking shirt and trousers stuck to him, and his mouth was parched. His breast was working like a blacksmith's bellows, his heart was beating like a hammer, and his legs were giving way as if they did not belong to him. Pahom was seized with terror lest he should die of the strain.

Though afraid of death, he could not stop. "After having run all that way they will call me a fool if I stop now," thought he. And he ran on and on, and drew near and heard the Bashkirs yelling and shouting to him, and their cries inflamed his heart still more. He gathered his last strength and ran on.

The sun was close to the rim, and cloaked in mist looked large, and red as blood. Now, yes now, it was about to set! The sun was quite low, but he was also quite near his aim. Pahom could already see the people on the hillock waving their arms to hurry him up. He could see the fox-fur cap on the ground, and the money on it, and the Chief sitting on the ground holding his sides. And Pahom remembered his dream.

"There is plenty of land," thought he, "but will God let me live on it? I have lost my life, I have lost my life! I shall never reach that spot!"

Pahom looked at the sun, which had reached the earth: one side of it had already disappeared. With all his remaining strength he rushed on, bending his body forward so that his legs could hardly follow fast enough to keep him from falling. Just as he reached the hillock it suddenly grew dark. He looked up—the sun had already set. He gave a cry: "All my labor has been in vain," thought he, and was about to stop, but he heard the Bashkirs still shouting, and remembered that though to him, from below, the sun seemed to have set, they on the hillock could still see it. He took a long breath and ran up the hillock. It was still light there. He reached the top and saw the cap. Before it sat the Chief laughing and holding his sides. Again Pahom remembered his dream, and he uttered a cry: his legs gave way beneath him, he fell forward and reached the cap with his hands.

"Ah, what a fine fellow!" exclaimed the Chief. "He has gained much land!"

Pahom's servant came running up and tried to raise him, but he saw that blood was flowing from his mouth. Pahom was dead!

The Bashkirs clicked their tongues to show their pity.

His servant picked up the spade and dug a grave long enough for Pahom to lie in, and buried him in it. Six feet from his head to his heels was all he needed.


Notes:

1. One hundred kopeks make a rouble. The kopek is worth about half a cent.

2. A non-intoxicating drink usually made from rye-malt and rye-flour.

3. The brick oven in a Russian peasant's hut is usually built so as to leave a flat top, large enough to lie on, for those who want to sleep in a warm place.

4. 120 "desyatins." The "desyatina" is properly 2.7 acres; but in this story round numbers are used.

5. Three roubles per "desyatina."

6. Five "kopeks" for a "desyatina."

On the Duty of Civil Disobedience
by Henry David Thoreau
[1849, original title: Resistance to Civil Government]

I heartily accept the motto, "That government is best which governs least"; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe--"That government is best which governs not at all"; and when men are prepared for it, that will be the kind of government which the will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for in the outset, the people would not have consented to this measure.

This American government--what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed upon, even impose on themselves, for their own advantage. It is excellent, we must all allow. Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way. For government is an expedient, by which men would fain succeed in letting one another alone; and, as has been said, when it is most expedient, the governed are most let alone by it. Trade and commerce, if they were not made of india-rubber, would never manage to bounce over obstacles which legislators are continually putting in their way; and if one were to judge these men wholly by the effects of their actions and not partly by their intentions, they would deserve to be classed and punished with those mischievious persons who put obstructions on the railroads.

But, to speak practically and as a citizen, unlike those who call themselves no-government men, I ask for, not at one no government, but at once a better government. Let every man make known what kind of government would command his respect, and that will be one step toward obtaining it.

After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases can not be based on justice, even as far as men understand it. Can there not be a government in which the majorities do not virtually decide right and wrong, but conscience?--in which majorities decide only those questions to which the rule of expediency is applicable? Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience then? I think that we should be men first, and subjects afterward. It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right. It is truly enough said that a corporation has no conscience; but a corporation on conscientious men is a corporation with a conscience. Law never made men a whit more just; and, by means of their respect for it, even the well-disposed are daily made the agents on injustice. A common and natural result of an undue respect for the law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart. They have no doubt that it is a damnable business in which they are concerned; they are all peaceably inclined. Now, what are they? Men at all? or small movable forts and magazines, at the service of some unscrupulous man in power? Visit the Navy Yard, and behold a marine, such a man as an American government can make, or such as it can make a man with its black arts--a mere shadow and reminiscence of humanity, a man laid out alive and standing, and already, as one may say, buried under arms with funeral accompaniment, though it may be,

"Not a drum was heard, not a funeral note,
As his corse to the rampart we hurried;
Not a soldier discharged his farewell shot
O'er the grave where out hero was buried."
The mass of men serve the state thus, not as men mainly, but as machines, with their bodies. They are the standing army, and the militia, jailers, constables, posse comitatus, etc. In most cases there is no free exercise whatever of the judgement or of the moral sense; but they put themselves on a level with wood and earth and stones; and wooden men can perhaps be manufactured that will serve the purpose as well. Such command no more respect than men of straw or a lump of dirt. They have the same sort of worth only as horses and dogs. Yet such as these even are commonly esteemed good citizens. Others--as most legislators, politicians, lawyers, ministers, and office-holders--serve the state chiefly with their heads; and, as the rarely make any moral distinctions, they are as likely to serve the devil, without intending it, as God. A very few--as heroes, patriots, martyrs, reformers in the great sense, and men--serve the state with their consciences also, and so necessarily resist it for the most part; and they are commonly treated as enemies by it. A wise man will only be useful as a man, and will not submit to be "clay," and "stop a hole to keep the wind away," but leave that office to his dust at least:

"I am too high born to be propertied,
To be a second at control,
Or useful serving-man and instrument
To any sovereign state throughout the world."
He who gives himself entirely to his fellow men appears to them useless and selfish; but he who gives himself partially to them in pronounced a benefactor and philanthropist.

How does it become a man to behave toward the American government today? 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 counter-balance the evil. At any rate, it is a great evil to make a stir about it. But when the friction comes to have its machine, and oppression and robbery are organized, I say, let us not have such a machine any longer. In other words, when a sixth of the population of a nation which has undertaken to be the refuge of liberty are slaves, and a whole country is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize. What makes this duty the more urgent is that fact that the country so overrun is not our own, but ours is the invading army.

Paley, a common authority with many on moral questions, in his chapter on the "Duty of Submission to Civil Government," resolves all civil obligation into expediency; and he proceeds to say that "so long as the interest of the whole society requires it, that it, so long as the established government cannot be resisted or changed without public inconveniencey, it is the will of God. . .that the established government be obeyed--and no longer. This principle being admitted, the justice of every particular case of resistance is reduced to a computation of the quantity of the danger and grievance on the one side, and of the probability and expense of redressing it on the other." Of this, he says, every man shall judge for himself. But Paley appears never to have contemplated those cases to which the rule of expediency does not apply, in which a people, as well and an individual, must do justice, cost what it may. If I have unjustly wrested a plank from a drowning man, I must restore it to him though I drown myself. This, according to Paley, would be inconvenient. But he that would save his life, in such a case, shall lose it. This people must cease to hold slaves, and to make war on Mexico, though it cost them their existence as a people.

In their practice, nations agree with Paley; but does anyone think that Massachusetts does exactly what is right at the present crisis?

"A drab of stat,
a cloth-o'-silver slut,
To have her train borne up,
and her soul trail in the dirt."
Practically speaking, the opponents to a reform in Massachusetts are not a hundred thousand politicians at the South, but a hundred thousand merchants and farmers here, who are more interested in commerce and agriculture than they are in humanity, and are not prepared to do justice to the slave and to Mexico, cost what it may. I quarrel not with far-off foes, but with those who, neat at home, 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 as materially wiser or better than the many. It is not so important that many should be good as you, as that there be some absolute goodness somewhere; for that will leaven the whole lump. There are thousands who are in opinion opposed to slavery and to the war, who yet in effect do nothing to put an end to them; who, esteeming themselves children of Washington and Franklin, sit down with their hands in their pockets, and say that they know not what to do, and do nothing; who even postpone the question of freedom to the question of free trade, and quietly read the prices-current along with the latest advices from Mexico, after dinner, and, it may be, fall asleep over them both. What is the price-current of an honest man and patriot today? They hesitate, and they regret, and sometimes they petition; but they do nothing in earnest and with effect. They will wait, well disposed, for other to remedy the evil, that they may no longer have it to regret. At most, they give up only a cheap vote, and a feeble countenance and Godspeed, to the right, as it goes by them. There are nine hundred and ninety-nine patrons of virtue to one virtuous man. But it is easier to deal with the real possessor of a thing than with the temporary guardian of it.

All voting is a sort of gaming, like checkers or backgammon, with a slight moral tinge to it, a playing with right and wrong, with moral questions; and betting naturally accompanies it. The character of the voters is not staked. I cast my vote, perchance, as I think right; but I am not vitally concerned that that right should prevail. I am willing to leave it to the majority. Its obligation, therefore, never exceeds that of expediency. Even voting for the right is doing nothing for it. It is only expressing to men feebly your desire that it should prevail. A wise man will not leave the right to the mercy of chance, nor wish it to prevail through the power of the majority. There is but little virtue in the action of masses of men. When the majority shall at length vote for the abolition of slavery, it will be because they are indifferent to slavery, or because there is but little slavery left to be abolished by their vote. They will then be the only slaves. Only his vote can hasten the abolition of slavery who asserts his own freedom by his vote.

I hear of a convention to be held at Baltimore, or elsewhere, for the selection of a candidate for the Presidency, made up chiefly of editors, and men who are politicians by profession; but I think, what is it to any independent, intelligent, and respectable man what decision they may come to? Shall we not have the advantage of this wisdom and honesty, nevertheless? Can we not count upon some independent votes? Are there not many individuals in the country who do not attend conventions? But no: I find that the respectable man, so called, has immediately drifted from his position, and despairs of his country, when his country has more reasons to despair of him. He forthwith adopts one of the candidates thus selected as the only available one, thus proving that he is himself available for any purposes of the demagogue. His vote is of no more worth than that of any unprincipled foreigner or hireling native, who may have been bought. O for a man who is a man, and, and my neighbor says, has a bone is his back which you cannot pass your hand through! Our statistics are at fault: the population has been returned too large. How many men are there to a square thousand miles in the country? Hardly one. Does not America offer any inducement for men to settle here? The American has dwindled into an Odd Fellow--one who may be known by the development of his organ of gregariousness, and a manifest lack of intellect and cheerful self-reliance; whose first and chief concern, on coming into the world, is to see that the almshouses are in good repair; and, before yet he has lawfully donned the virile garb, to collect a fund to the support of the widows and orphans that may be; who, in short, ventures to live only by the aid of the Mutual Insurance company, which has promised to bury him decently.

It is not a man's duty, as a matter of course, to devote himself to the eradication of any, even to most enormous, wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it, and, if he gives it no thought longer, not to give it practically his support. If I devote myself to other pursuits and contemplations, I must first see, at least, that I do not pursue them sitting upon another man's shoulders. I must get off him first, that he may pursue his contemplations too. See what gross inconsistency is tolerated. I have heard some of my townsmen say, "I should like to have them order me out to help put down an insurrection of the slaves, or to march to Mexico--see if I would go"; and yet these very men have each, directly by their allegiance, and so indirectly, at least, by their money, furnished a substitute. The soldier is applauded who refuses to serve in an unjust war by those who do not refuse to sustain the unjust government which makes the war; is applauded by those whose own act and authority he disregards and sets at naught; as if the state were penitent to that degree that it hired one to scourge it while it sinned, but not to that degree that it left off sinning for a moment. Thus, under the name of Order and Civil Government, we are all made at last to pay homage to and support our own meanness. After the first blush of sin comes its indifference; and from immoral it becomes, as it were, unmoral, and not quite unnecessary to that life which we have made.

The broadest and most prevalent error requires the most disinterested virtue to sustain it. The slight reproach to which the virtue of patriotism is commonly liable, the noble are most likely to incur. Those who, while they disapprove of the character and measures of a government, yield to it their allegiance and support are undoubtedly its most conscientious supporters, and so frequently the most serious obstacles to reform. Some are petitioning the State to dissolve the Union, to disregard the requisitions of the President. Why do they not dissolve it themselves--the union between themselves and the State--and refuse to pay their quota into its treasury? Do not they stand in same relation to the State that the State does to the Union? And have not the same reasons prevented the State from resisting the Union which have prevented them from resisting the State?

How can a man be satisfied to entertain and opinion merely, and enjoy it? Is there any enjoyment in it, if his opinion is that he is aggrieved? If you are cheated out of a single dollar by your neighbor, you do not rest satisfied with knowing you are cheated, or with saying that you are cheated, or even with petitioning him to pay you your due; but you take effectual steps at once to obtain the full amount, and see to it 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 divided 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 put out its faults, and do better than it would have them? Why does it always crucify Christ and excommunicate Copernicus and Luther, and pronounce Washington and Franklin rebels?

One would think, that a deliberate and practical denial of its authority was the only offense never contemplated by its 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 put 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 of the State has provided for remedying the evil, I know not of such ways. They take too much time, and a man's life will be gone. I have other affairs to attend to. I came into this world, not chiefly to make this a good place to live in, but to live in it, be it good or bad. A man has not everything to do, but something; and because he cannot do everything, it is not necessary that he should be petitioning the Governor or the Legislature any more than it is theirs to petition me; and if they should not hear my petition, what should I do then? But in this case the State has provided no way: its very Constitution is the evil. This may seem to be harsh and stubborn and unconcilliatory; but it is to treat with the utmost kindness and consideration the only spirit that can appreciate or deserves it. So is all change for the better, like birth and death, which convulse the body.

I do not hesitate to say, that those who call themselves Abolitionists should at once effectually withdraw their support, both in person and property, from the government of Massachusetts, and not wait till they constitute a majority of one, before they suffer the right to prevail through them. I think that it is enough if they have God on their side, without waiting for that other one. Moreover, any man more right than his neighbors constitutes a majority of one already.

I meet this American government, or its representative, the State government, directly, and face to face, once a year--no more--in the person of its tax-gatherer; this is the only mode in which a man situated as I am necessarily meets it; and it then says distinctly, Recognize me; and the simplest, the most effectual, and, in the present posture of affairs, the indispensablest mode of treating with it on this head, of expressing your little satisfaction with and love for it, is to deny it then. My civil neighbor, the tax-gatherer, is the very man I have to deal with--for it is, after all, with men and not with parchment that I quarrel--and he has voluntarily chosen to be an agent of the government. How shall he ever know well that he is and does as an officer of the government, or as a man, until he is obliged to consider whether he will treat me, his neighbor, for whom he has respect, as a neighbor and well-disposed man, or as a maniac and disturber of the peace, and see if he can get over this obstruction to his neighborlines without a ruder and more impetuous thought or speech corresponding with his action. I know this well, that if one thousand, if one hundred, if ten men whom I could name--if ten honest men only--ay, if one HONEST man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this co-partnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. For it matters not how small the beginning may seem to be: what is once well done is done forever. But we love better to talk about it: that we say is our mission. Reform keeps many scores of newspapers in its service, but not one man. If my esteemed neighbor, the State's ambassador, who will devote his days to the settlement of the question of human rights in the Council Chamber, instead of being threatened with the prisons of Carolina, were to sit down the prisoner of Massachusetts, that State which is so anxious to foist the sin of slavery upon her sister--though at present she can discover only an act of inhospitality to be the ground of a quarrel with her--the Legislature would not wholly waive the subject of the following winter.

Under a government which imprisons unjustly, the true place for a just man is also a prison. The proper place today, the only place which Massachusetts has provided for her freer and less despondent spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. It is there that the fugitive slave, and the Mexican prisoner on parole, and the Indian come to plead the wrongs of his race should find them; on that separate but more free and honorable ground, where the State places those who are not with her, but against her--the only house in a slave State in which a free man can abide with honor. If any think that their influence would be lost there, and their voices no longer afflict the ear of the State, that they would not be as an enemy within its walls, they do not know by how much truth is stronger than error, nor how much more eloquently and effectively he can combat injustice who has experienced a little in his own person. Cast your whole vote, not a strip of paper merely, but your whole influence. A minority is powerless while it conforms to the majority; it is not even a minority then; but it is irresistible when it clogs by its whole weight. If the alternative is to keep all just men in prison, or give up war and slavery, the State will not hesitate which to choose. If a thousand men were not to pay their tax bills this year, that would not be a violent and bloody measure, as it would be to pay them, and enable the State to commit violence and shed innocent blood. This is, in fact, the definition of a peaceable revolution, if any such is possible. If the tax-gatherer, or any other public officer, asks me, as one has done, "But what shall I do?" my answer is, "If you really wish to do anything, resign your office." When the subject has refused allegiance, and the officer has resigned from office, then the revolution is accomplished. But even suppose 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; it was certainly no great virtue to obtain it. It puts to rest many questions which he would otherwise be taxed to answer; while the only new question which it puts is the hard but superfluous one, how to spend it. Thus his moral ground is taken from under his feet. The opportunities of living are diminished in proportion as that are called the "means" are increased. The best thing a man can do for his culture when he is rich is to endeavor to carry out those schemes which he entertained when he was poor. Christ answered the Herodians according to their condition. "Show me the tribute-money," said he--and one took a penny out of his pocket--if you use money which has the image of Caesar on it, and which he has made current and valuable, that is, if you are men of the State, and gladly enjoy the advantages of Caesar's government, then pay him back some of his own when he demands it. "Render therefore to Caesar that which is Caesar's and to God those things which are God's"--leaving them no wiser than before as to which was which; for they did not wish to know.

When I converse with the freest of my neighbors, I perceive that, whatever they may say about the magnitude and seriousness of the question, and their regard for the public tranquillity, the long and the short of the matter is, that they cannot spare the protection of the existing government, and they dread the consequences to their property and families of disobedience to it. For my own part, I should not like to think that I ever rely on the protection of the State. But, if I deny the authority of the State when it presents its tax bill, it will soon take and waste all my property, and so harass me and my children without end. This is hard. This makes it impossible for a man to live honestly, and at the same time comfortably, in outward respects. It will not be worth the while to accumulate property; that would be sure to go again. You must hire or squat somewhere, and raise but a small crop, and eat that soon. You must live within yourself, and depend upon yourself always tucked up and ready for a start, and not have many affairs. A man may grow rich in Turkey even, if he will be in all respects a good subject of the Turkish government. Confucius said: "If a state is governed by the principles of reason, poverty and misery are subjects of shame; if a state is not governed by the principles of reason, riches and honors are subjects of shame." No: until I want the protection of Massachusetts to be extended to me in some distant Southern port, where my liberty is endangered, or until I am bent solely on building up an estate at home by peaceful enterprise, I can afford to refuse allegiance to Massachusetts, and her right to my property and life. It costs me less in every sense to incur the penalty of disobedience to the State than it would to obey. I should feel as if I were worth less in that case.

Some years ago, the State met me in behalf of the Church, and commanded me to pay a certain sum toward the support of a clergyman whose preaching my father attended, but never I myself. "Pay," it said, "or be locked up in the jail." I declined to pay. But, unfortunately, another man saw fit to pay it. I did not see why the schoolmaster should be taxed to support the priest, and not the priest the schoolmaster; for I was not the State's schoolmaster, but I supported myself by voluntary subscription. I did not see why the lyceum should not present its tax bill, and have the State to back its demand, as well as the Church. However, as the request of the selectmen, I condescended to make some such statement as this in writing: "Know all men by these presents, that I, Henry Thoreau, do not wish to be regarded as a member of any society which I have not joined." This I gave to the town clerk; and he has it. The State, having thus learned that I did not wish to be regarded as a member of that church, has never made a like demand on me since; though it said that it must adhere to its original presumption that time. If I had known how to name them, I should then have signed off in detail from all the societies which I never signed on to; but I did not know where to find such a complete list.

I have paid no poll tax for six years. I was put into a jail once on this account, for one night; and, as I stood considering the walls of solid stone, two or three feet thick, the door of wood and iron, a foot thick, and the iron grating which strained the light, I could not help being struck with the foolishness of that institution which treated my as if I were mere flesh and blood and bones, to be locked up. I wondered that it should have concluded at length that this was the best use it could put me to, and had never thought to avail itself of my services in some way. I saw that, if there was a wall of stone between me and my townsmen, there was a still more difficult one to climb or break through before they could get to be as free as I was. I did nor 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 with or honesty, but with superior physical strength. I was not born to be forced. I will breathe after my own fashion. Let us see who is the strongest. What force has a multitude? They only can force me who obey a higher law than I. They force me to become like themselves. I do not hear of men being forced to live this way or that by masses of men. What sort of life were that to live? When I meet a government which says to me, "Your money our your life," why should I be in haste to give it my money? It may be in a great strait, and not know what to do: I cannot help that. It must help itself; do as I do. It is not worth the while to snivel about it. I am not responsible for the successful working of the machinery of society. I am not the son of the engineer. I perceive that, when an acorn and a chestnut fall side by side, the one does not remain inert to make way for the other, but both obey their own laws, and spring and grow and flourish as best they can, till one, perchance, overshadows and destroys the other. If a plant cannot live according to nature, it dies; and so a man.

The night in prison was novel and interesting enough. The prisoners in their shirtsleeves were enjoying a chat and the evening air in the doorway, when I entered. But the jailer said, "Come, boys, it is time to lock up"; and so they dispersed, and I heard the sound of their steps returning into the hollow apartments. My room-mate was introduced to me by the jailer as "a first-rate fellow and clever man." When the door was locked, he showed me where to hang my hat, and how he managed matters there. The rooms were whitewashed once a month; and this one, at least, was the whitest, most simply furnished, and probably neatest apartment in town. He naturally wanted to know where I came from, and what brought me there; and, when I had told him, I asked him in my turn how he came there, presuming him to be an honest an, of course; and as the world goes, I believe he was. "Why," said he, "they accuse me of burning a barn; but I never did it." As near as I could discover, he had probably gone to bed in a barn when drunk, and smoked his pipe there; and so a barn was burnt. He had the reputation of being a clever man, had been there some three months waiting for his trial to come on, and would have to wait as much longer; but he was quite domesticated and contented, since he got his board for nothing, and thought that he was well treated.

He occupied one window, and I the other; and I saw that if one stayed there long, his principal business would be to look out the window. I had soon read all the tracts that were left there, and examined where former prisoners had broken out, and where a grate had been sawed off, and heard the history of the various occupants of that room; for I found that even there there was a history and a gossip which never circulated beyond the walls of the jail. Probably this is the only house in the town where verses are composed, which are afterward printed in a circular form, but not published. I was shown quite a long list of young men who had been detected in an attempt to escape, who avenged themselves by singing them.

I pumped my fellow-prisoner as dry as I could, for fear I should never see him again; but at length he showed me which was my bed, and left me to blow out the lamp.

It was like travelling into a far country, such as I had never expected to behold, to lie there for one night. It seemed to me that I never had heard the town clock strike before, not 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 gray-headed man; and yet a change had come to my eyes come over the scene--the town, and State, and country, greater than any that mere time could effect. I saw yet more distinctly the State in which I lived. I saw to what extent the people among whom I lived could be trusted as good neighbors and friends; that their friendship was for summer weather only; that they did not greatly propose to do right; that they were a distinct race from me by their prejudices and superstitions, as the Chinamen and Malays are that in their sacrifices to humanity they ran no risks, not even to their property; that after all they were not so noble but they treated the thief as he had treated them, and hoped, by a certain outward observance and a few prayers, and by walking in a particular straight through useless path from time to time, to save their souls. This may be to judge my neighbors harshly; for I believe that many of them are not aware that they have such an institution as the jail in their village.

It was formerly the custom in our village, when a poor debtor came out of jail, for his acquaintances to salute him, looking through their fingers, which were crossed to represent the jail window, "How do ye do?" My neighbors did not this 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 mender. When I was let out the next morning, I proceeded to finish my errand, and, having put on my mended show, joined a huckleberry party, who were impatient to put themselves under my conduct; and in half an hour--for the horse was soon tackled--was in the midst of a huckleberry field, on one of our highest hills, two miles off, and then the State was nowhere to be seen.

This is the whole history of "My Prisons."

I have never declined paying the highway tax, because I am as desirous of being a good neighbor as I am of being a bad subject; and as for supporting schools, I am doing my part to educate my fellow countrymen now. It is for no particular item in the tax bill that I refuse to pay it. I simply wish to refuse allegiance to the State, to withdraw and stand aloof from it effectually. I do not care to trace the course of my dollar, if I could, till it buys a man a musket to shoot one with--the dollar is innocent--but I am concerned to trace the effects of my allegiance. In fact, I quietly declare war with the State, after my fashion, though I will still make use and get what advantages of her I can, as is usual in such cases.

If others pay the tax which is demanded of me, from a sympathy with the State, they do but what they have already done in their own case, or rather they abet injustice to a greater extent than the State requires. If they pay the tax from a mistaken interest in the individual taxed, to save his property, or prevent his going to jail, it is because they have not considered wisely how far they let their private feelings interfere with the public good.

This, then is my position at present. But one cannot be too much on his guard in such a case, lest his actions be biased by obstinacy or an undue regard for the opinions of men. Let him see that he does only what belongs to himself and to the hour.

I think sometimes, Why, this people mean well, they are only ignorant; they would do better if they knew how: why give your neighbors this pain to treat you as they are not inclined to? But I think again, This is no reason why I should do as they do, or permit others to suffer much greater pain of a different kind. Again, I sometimes say to myself, When many millions of men, without heat, without ill will, without personal feelings of any kind, demand of you a few shillings only, without the possibility, such is their constitution, of retracting or altering their present demand, and without the possibility, on your side, of appeal to any other millions, why expose yourself to this overwhelming brute force? You do not resist cold and hunger, the winds and the waves, thus obstinately; you quietly submit to a thousand similar necessities. You do not put your head into the fire. But just in proportion as I regard this as not wholly a brute force, but partly a human force, and consider that I have relations to those millions as to so many millions of men, and not of mere brute or inanimate things, I see that appeal is possible, first and instantaneously, from them to the Maker of them, and, secondly, from them to themselves. But if I put my head deliberately into the fire, there is no appeal to fire or to the Maker for fire, and I have only myself to blame. If I could convince myself that I have any right to be satisfied with men as they are, and to treat them accordingly, and not according, in some respects, to my requisitions and expectations of what they and I ought to be, then, like a good Mussulman and fatalist, I should endeavor to be satisfied with things as they are, and say it is the will of God. And, above all, there is this difference between resisting this and a purely brute or natural force, that I can resist this with some effect; but I cannot expect, like Orpheus, to change the nature of the rocks and trees and beasts.

I do not wish to quarrel with any man or nation. I do not wish to split hairs, to make fine distinctions, or set myself up as better than my neighbors. I seek rather, I may say, even an excuse for conforming to the laws of the land. I am but too ready to conform to them. Indeed, I have reason to suspect myself on this head; and each year, as the tax-gatherer comes round, I find myself disposed to review the acts and position of the general and State governments, and the spirit of the people to discover a pretext for conformity.

"We must affect our country as our parents,
And if at any time we alienate
Out love or industry from doing it honor,
We must respect effects and teach the soul
Matter of conscience and religion,
And not desire of rule or benefit."
I believe that the State will soon be able to take all my work of this sort out of my hands, and then I shall be no better patriot than my fellow-countrymen. Seen from a lower point of view, the Constitution, with all its faults, is very good; the law and the courts are very respectable; even this State and this American government are, in many respects, very admirable, and rare things, to be thankful for, such as a great many have described them; 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 tim, he never once glances at the subject. I know of those whose serene and wise speculations on this theme would soon reveal the limits of his mind's range and hospitality. Yet, compared with the cheap professions of most reformers, and the still cheaper wisdom an eloquence of politicians in general, his are almost the only sensible and valuable words, and we thank Heaven for him. Comparatively, he is always strong, original, and, above all, practical. Still, his quality is not wisdom, but prudence. The lawyer's truth is not Truth, but consistency or a consistent expediency. Truth is always in harmony with herself, and is not concerned chiefly to reveal the justice that may consist with wrong-doing. He well deserves to be called, as he has been called, the Defender of the Constitution. There are really no blows to be given him but defensive ones. He is not a leader, but a follower. His leaders are the men of '87. "I have never made an effort," he says, "and never propose to make an effort; I have never countenanced an effort, and never mean to countenance an effort, to disturb the arrangement as originally made, by which various States came into the Union." Still thinking of the sanction which the Constitution gives to slavery, he says, "Because it was part of the original compact--let it stand." Notwithstanding his special acuteness and ability, he is unable to take a fact out of its merely political relations, and behold it as it lies absolutely to be disposed of by the intellect--what, for instance, it behooves a man to do here in American today with regard to slavery--but ventures, or is driven, to make some such desperate answer to the following, while professing to speak absolutely, and as a private man--from which what new and singular of social duties might be inferred? "The manner," says he, "in which the governments of the States where slavery exists are to regulate it is for their own consideration, under the responsibility to their constituents, to the general laws of propriety, humanity, and justice, and to God. Associations formed elsewhere, springing from a feeling of humanity, or any other cause, have nothing whatever to do with it. They have never received any encouragement from me and they never will. [These extracts have been inserted since the lecture was read -HDT]

They who know of no purer sources of truth, who have traced up its stream no higher, stand, and wisely stand, by the Bible and the Constitution, and drink at it there with reverence and humanity; but they who behold where it comes trickling into this lake or that pool, gird up their loins once more, and continue their pilgrimage toward its fountainhead.

No man with a genius for legislation has appeared in America. They are rare in the history of the world. There are orators, politicians, and eloquent men, by the thousand; but the speaker has not yet opened his mouth to speak who is capable of settling the much-vexed questions of the day. We love eloquence for its own sake, and not for any truth which t may utter, or any heroism it may inspire. Our legislators have not yet learned the comparative value of free trade and of freed, of union, and of rectitude, to a nation. They have no genius or talent for comparatively humble questions of taxation and finance, commerce and manufactures and agriculture. If we were left solely to the wordy wit of legislators in Congress for our guidance, uncorrected by the seasonable experience and the effectual complaints of the people, America would not long retain her rank among the nations. For eighteen hundred years, though perchance I have no right to say it, the New Testament has been written; yet where is the legislator who has wisdom and practical talent enough to avail himself of the light which it sheds on the science of legislation.

The authority of government, even such as I am willing to submit to--for I will cheerfully obey those who know and can do better than I, and in many things even those who neither know nor can do so well--is still an impure one: to be strictly just, it must have the sanction and consent of the governed. It can have no pure right over my person and property but what I concede to it. The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual. Even the Chinese philosopher was wise enough to regard the individual as the basis of the empire. Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly. I please myself with imagining a State at last which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose if a few were to live aloof from it, not meddling with it, nor embraced by it, who fulfilled all the duties of neighbors and fellow men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which I have also imagined, but not yet anywhere seen.

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

Thomas Jefferson, Notes on the State of Virginia, excerpt on Constitutional Government
1784

5. That the ordinary legislature may alter the constitution itself. On the discontinuance of assemblies, it became necessary to substitute in their place some other body, competent to the ordinary business of government, and to the calling forth the powers of the state for the maintenance of our opposition to Great-Britain. Conventions were therefore introduced, consisting of two delegates from each county, meeting together and forming one house, on the plan of the former house of Burgesses, to whose places they succeeded. These were at first chosen anew for every particular session. But in March 1775, they recommended to the people to chuse a convention, which should continue in office a year. This was done accordingly in April 1775, and in the July following that convention passed an ordinance for the election of delegates in the month of April annually. It is well known, that in July 1775, a separation from Great-Britain and establishment of Republican government had never yet entered into any person's mind. A convention therefore, chosen under that ordinance, cannot be said to have been chosen for purposes which certainly did not exist in the minds of those who passed it. Under this ordinance, at the annual election in April 1776, a convention for the year was chosen. Independance, and the establishment of a new form of government, were not even yet the objects of the people at large. One extract from the pamphlet called Common Sense had appeared in the Virginia papers in February, and copies of the pamphlet itself had got into a few hands. But the idea had not been opened to the mass of the people in April, much less can it be said that they had made up their minds in its favor. So that the electors of April 1776, no more than the legislators of July 1775, not thinking of independance and a permanent republic, could not mean to vest in these delegates powers of establishing them, or any authorities other than those of the ordinary legislature. So far as a temporary organization of government was necessary to render our opposition energetic, so far their organization was valid. But they received in their creation no powers but what were given to every legislature before and since. They could not therefore pass an act transcendant to the powers of other legislatures. If the present assembly pass any act, and declare it shall be irrevocable by subsequent assemblies, the declaration is merely void, and the act repealable, as other acts are. So far, and no farther authorized, they organized the government by the ordinance entitled a Constitution or Form of government. It pretends to no higher authority than the other ordinances of the same session; it does not say, that it shall be perpetual; that it shall be unalterable by other legislatures; that it shall be transcendant above the powers of those, who they knew would have equal power with themselves. Not only the silence of the instrument is a proof they thought it would be alterable, but their own practice also: for this very convention, meeting as a House of Delegates in General Assembly with the new Senate in the autumn of that year, passed acts of assembly in contradiction to their ordinance of government; and every assembly from that time to this has done the same. I am safe therefore in the position, that the constitution itself is alterable by the ordinary legislature. Though this opinion seems founded on the first elements of common sense, yet is the contrary maintained by some persons. 1. Because, say they, the conventions were vested with every power necessary to make effectual opposition to Great-Britain. But to complete this argument, they must go on, and say further, that effectual opposition could not be made to Great-Britain, without establishing a form of government perpetual and unalterable by the legislature; which is not true. An opposition which at some time or other was to come to an end, could not need a perpetual institution to carry it on: and a government, amendable as its defects should be discovered, was as likely to make effectual resistance, as one which should be unalterably wrong. Besides, the assemblies were as much vested with all powers requisite for resistance as the conventions were. If therefore these powers included that of modelling the form of government in the one case, they did so in the other. The assemblies then as well as the conventions may model the government; that is, they may alter the ordinance of government. 2. They urge, that if the convention had meant that this instrument should be alterable, as their other ordinances were, they would have called it an ordinance: but they have called it a constitution, which by force of the term means "an act above the power of the ordinary legislature." I answer, that constitutio, constitutum, statutum, lex, are convertible terms. "A constitution is called that which is made by the ruler. An ordinance, that which is rewritten by emperors or ordained. A statute is called the same as law." Constitution and statute were originally terms of the civil law, and from thence introduced by Ecclesiastics into the English law. Thus in the statute 25. Hen. 8. c. 19. §1. "Constitutions and ordinances" are used as synonimous. The term constitution has many other significations in physics and in politics; but in Jurisprudence, whenever it is applied to any act of the legislature, it invariably means a statute, law, or ordinance, which is the present case. No inference then of a different meaning can be drawn from the adoption of this title: on the contrary, we might conclude, that, by their affixing to it a term synonimous with ordinance, or statute, they meant it to be an ordinance or statute. But of what consequence is their meaning, where their power is denied? If they meant to do more than they had power to do, did this give them power? It is not the name, but the authority which renders an act obligatory. Lord Coke says, "an article of the statute 11 R. 2. c. 5. that no person should attempt to revoke any ordinance then made, is repealed, for that such restraint is against the jurisdiction and power of the parliament." 4. inst. 42. and again, "though divers parliaments have attempted to restrain subsequent parliaments, yet could they never effect it; for the latter parliament hath ever power to abrogate, suspend, qualify, explain, or make void the former in the whole or in any part thereof, notwithstanding any words of restraint, prohibition, or penalty, in the former: for it is a maxim in the laws of the parliament, "because subsequent laws nullify earlier laws which are contrary." 4. inst. 43.--To get rid of the magic supposed to be in the word constitution, let us translate it into its definition as given by those who think it above the power of the law; and let us suppose the convention instead of saying, "We, the ordinary legislature, establish a constitution," had said, "We, the ordinary legislature, establish an act above the power of the ordinary legislature." Does not this expose the absurdity of the attempt? 3. But, say they, the people have acquiesced, and this has given it an authority superior to the laws. It is true, that the people did not rebel against it: and was that a time for the people to rise in rebellion? Should a prudent acquiescence, at a critical time, be construed into a confirmation of every illegal thing done during that period? Besides, why should they rebel? At an annual election, they had chosen delegates for the year, to exercise the ordinary powers of legislation, and to manage the great contest in which they were engaged. These delegates thought the contest would be best managed by an organized government. They therefore, among others, passed an ordinance of government. They did not presume to call it perpetual and unalterable. They well knew they had no power to make it so; that our choice of them had been for no such purpose, and at a time when we could have no such purpose in contemplation. Had an unalterable form of government been meditated, perhaps we should have chosen a different set of people. There was no cause then for the people to rise in rebellion. But to what dangerous lengths will this argument lead? Did the acquiescence of the colonies under the various acts of power exercised by Great-Britain in our infant state, confirm these acts, and so far invest them with the authority of the people as to render them unalterable, and our present resistance wrong? On every unauthoritative exercise of power by the legislature, must the people rise in rebellion, or their silence be construed into a surrender of that power to them? If so, how many rebellions should we have had already? One certainly for every session of assembly. The other states in the Union have been of opinion, that to render a form of government unalterable by ordinary acts of assembly, the people must delegate persons with special powers. They have accordingly chosen special conventions to form and fix their governments. The individuals then who maintain the contrary opinion in this country, should have the modesty to suppose it possible that they may be wrong and the rest of America right. But if there be only a possibility of their being wrong, if only a plausible doubt remains of the validity of the ordinance of government, is it not better to remove that doubt, by placing it on a bottom which none will dispute? If they be right, we shall only have the unnecessary trouble of meeting once in convention. If they be wrong, they expose us to the hazard of having no fundamental rights at all. True it is, this is no time for deliberating on forms of government. While an enemy is within our bowels, the first object is to expel him. But when this shall be done, when peace shall be established, and leisure given us for intrenching within good forms, the rights for which we have bled, let no man be found indolent enough to decline a little more trouble for placing them beyond the reach of question. If any thing more be requisite to produce a conviction of the expediency of calling a convention, at a proper season, to fix our form of government, let it be the reflection,

6. That the assembly exercises a power of determining the Quorum of their own body which may legislate for us. After the establishment of the new form they adhered to the Law of the majority, founded in common law as well as common right. It is the natural law of every assembly of men, whose numbers are not fixed by any other law. They continued for some time to require the presence of a majority of their whole number, to pass an act. But the British parliament fixes its own quorum: our former assemblies fixed their own quorum: and one precedent in favour of power is stronger than an hundred against it. The house of delegates therefore have lately voted that, during the present dangerous invasion, forty members shall be a house to proceed to business. They have been moved to this by the fear of not being able to collect a house. But this danger could not authorize them to call that a house which was none: and if they may fix it at one number, they may at another, till it loses its fundamental character of being a representative body. As this vote expires with the present invasion, it is probable the former rule will be permitted to revive: because at present no ill is meant. The power however of fixing their own quorum has been avowed, and a precedent set. From forty it may be reduced to four, and from four to one: from a house to a committee, from a committee to a chairman or speaker, and thus an oligarchy or monarchy be substituted under forms supposed to be regular. "All bad examples are derived from good ones; but when power comes to the ignorant or the less good, the new example is transferred from the worthy and fit to the unworthy and unfit." When therefore it is considered, that there is no legal obstacle to the assumption by the assembly of all the powers legislative, executive, and judiciary, and that these may come to the hands of the smallest rag of delegation, surely the people will say, and their representatives, while yet they have honest representatives, will advise them to say, that they will not acknowledge as laws any acts not considered and assented to by the major part of their delegates.

In enumerating the defects of the constitution, it would be wrong to count among them what is only the error of particular persons. In December 1776, our circumstances being much distressed, it was proposed in the house of delegates to create a dictator, invested with every power legislative, executive and judiciary, civil and military, of life and of death, over our persons and over our properties: and in June 1781, again under calamity, the same proposition was repeated, and wanted a few votes only of being passed.--One who entered into this contest from a pure love of liberty, and a sense of injured rights, who determined to make every sacrifice, and to meet every danger, for the re-establishment of those rights on a firm basis, who did not mean to expend his blood and substance for the wretched purpose of changing this master for that, but to place the powers of governing him in a plurality of hands of his own choice, so that the corrupt will of no one man might in future oppress him, must stand confounded and dismayed when he is told, that a considerable portion of that plurality had meditated the surrender of them into a single hand, and, in lieu of a limited monarch, to deliver him over to a despotic one! How must we find his efforts and sacrifices abused and baffled, if he may still by a single vote be laid prostrate at the feet of one man! In God's name, from whence have they derived this power? Is it from our ancient laws? None such can be produced. Is it from any principle in our new constitution, expressed or implied? Every lineament of that expressed or implied, is in full opposition to it. Its fundamental principle is, that the state shall be governed as a commonwealth. It provides a republican organization, proscribes under the name of prerogative the exercise of all powers undefined by the laws; places on this basis the whole system of our laws; and, by consolidating them together, chuses that they shall be left to stand or fall together, never providing for any circumstances, nor admitting that such could arise, wherein either should be suspended, no, not for a moment. Our antient laws expressly declare, that those who are but delegates themselves shall not delegate to others powers which require judgment and integrity in their exercise.--Or was this proposition moved on a supposed right in the movers of abandoning their posts in a moment of distress? The same laws forbid the abandonment of that post, even on ordinary occasions; and much more a transfer of their powers into other hands and other forms, without consulting the people. They never admit the idea that these, like sheep or cattle, may be given from hand to hand without an appeal to their own will.--Was it from the necessity of the case? Necessities which dissolve a government, do not convey its authority to an oligarchy or a monarchy. They throw back, into the hands of the people, the powers they had delegated, and leave them as individuals to shift for themselves. A leader may offer, but not impose himself, nor be imposed on them. Much less can their necks be submitted to his sword, their breath be held at his will or caprice. The necessity which should operate these tremendous effects should at least be palpable and irresistible. Yet in both instances, where it was feared, or pretended with us, it was belied by the event. It was belied too by the preceding experience of our sister states, several of whom had grappled through greater difficulties without abandoning their forms of government. When the proposition was first made, Massachusets had found even the government of committees sufficient to carry them through an invasion. But we at the time of that proposition were under no invasion. When the second was made, there had been added to this example those of Rhode-Island, New-York, New-Jersey, and Pennsylvania, in all of which the republican form had been found equal to the task of carrying them through the severest trials. In this state alone did there exist so little virtue, that fear was to be fixed in the hearts of the people, and to become the motive of their exertions and the principle of their government? The very thought alone was treason against the people; was treason against mankind in general; as rivetting for ever the chains which bow down their necks, by giving to their oppressors a proof, which they would have trumpeted through the universe, of the imbecility of republican government, in times of pressing danger, to shield them from harm. Those who assume the right of giving away the reins of government in any case, must be sure that the herd, whom they hand on to the rods and hatchet of the dictator, will lay their necks on the block when he shall nod to them. But if our assemblies supposed such a resignation in the people, I hope they mistook their character. I am of opinion, that the government, instead of being braced and invigorated for greater exertions under their difficulties, would have been thrown back upon the bungling machinery of county committees for administration, till a convention could have been called, and its wheels again set into regular motion. What a cruel moment was this for creating such an embarrassment, for putting to the proof the attachment of our countrymen to republican government! Those who meant well, of the advocates for this measure, (and most of them meant well, for I know them personally, had been their fellow-labourers in the common cause, and had often proved the purity of their principles), had been seduced in their judgment by the example of an ancient republic, whose constitution and circumstances were fundamentally different. They had sought this precedent in the history of Rome, where alone it was to be found, and where at length too it had proved fatal. They had taken it from a republic, rent by the most bitter factions and tumults, where the government was of a heavy-handed unfeeling aristocracy, over a people ferocious, and rendered desperate by poverty and wretchedness; tumults which could not be allayed under the most trying circumstances, but by the omnipotent hand of a single despot. Their constitution therefore allowed a temporary tyrant to be erected, under the name of a Dictator; and that temporary tyrant, after a few examples, became perpetual. They misapplied this precedent to a people, mild in their dispositions, patient under their trial, united for the public liberty, and affectionate to their leaders. But if from the constitution of the Roman government there resulted to their Senate a power of submitting all their rights to the will of one man, does it follow, that the assembly of Virginia have the same authority? What clause in our constitution has substituted that of Rome, by way of residuary provision, for all cases not otherwise provided for? Or if they may step ad libitum into any other form of government for precedents to rule us by, for what oppression may not a precedent be found in this world of the war of all people against all things?--Searching for the foundations of this proposition, I can find none which may pretend a colour of right or reason, but the defect before developed, that there being no barrier between the legislative, executive, and judiciary departments, the legislature may seize the whole: that having seized it, and possessing a right to fix their own quorum, they may reduce that quorum to one, whom they may call a chairman, speaker, dictator, or by any other name they please.--Our situation is indeed perilous, and I hope my countrymen will be sensible of it, and will apply, at a proper season, the proper remedy; which is a convention to fix the constitution, to amend its defects, to bind up the several branches of government by certain laws, which when they transgress their acts shall become nullities; to render unnecessary an appeal to the people, or in other words a rebellion, on every infraction of their rights, on the peril that their acquiescence shall be construed into an intention to surrender those rights.


Jefferson, Thomas. Notes on the State of Virginia. Edited by William Peden. Chapel Hill: University of North Carolina Press for the Institute of Early American History and Culture, Williamsburg, Virginia, 1954.

The Emancipation Proclamation
January 1, 1863
By the President of the United States of America:

A Proclamation.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:
Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth[)], and which excepted parts, are for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: ABRAHAM LINCOLN
WILLIAM H. SEWARD, Secretary of State.

Address to civil rights marchers by the Rev. Dr. Martin Luther King Jr. in Washington, D.C. on Aug. 28, 1963

I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

But 100 years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. And so we've come here today to dramatize a shameful condition.

In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men -- yes, black men as well as white men -- would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check that has come back marked "insufficient funds."

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so we've come to cash this check, a check that will give us upon demand the riches of freedom and security of justice. We have also come to his hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.

It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. 1963 is not an end but a beginning. Those who hoped that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges. ****

But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom. We cannot walk alone.

As we walk, we must make the pledge that we shall always march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their selfhood and robbed of their dignity by signs stating "for whites only." We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no we are not satisfied and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.

Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed.

Let us not wallow in the valley of despair. I say to you today my friends -- so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today.

I have a dream that one day down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today.

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed and all flesh shall see it together.

This is our hope. This is the faith that I go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

This will be the day, this will be the day when all of God's children will be able to sing with new meaning "My country 'tis of thee, sweet land of liberty, of thee I sing. Land where my father's died, land of the Pilgrim's pride, from every mountainside, let freedom ring!"

And if America is to be a great nation, this must become true. And so let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania.

Let freedom ring from the snow-capped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California.

But not only that; let freedom ring from Stone Mountain of Georgia.

Let freedom ring from Lookout Mountain of Tennessee.

Let freedom ring from every hill and molehill of Mississippi -- from every mountainside.

Let freedom ring. And when this happens, and when we allow freedom ring -- when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children -- black men and white men, Jews and Gentiles, Protestants and Catholics -- will be able to join hands and sing in the words of the old Negro spiritual: "Free at last! Free at last! Thank God Almighty, we are free at last!"