People v. State

I spent the time I was going to use writing this post instead re-reading Henry David Thoreau’s A Plea for Captain John Brown. Here’s an excerpt that’s particularly interesting to me as a lawyer and that explains the nature of Thoreau’s “Plea,” but read the whole thing and be reminded that great heroes have lived and died in America:

Any man knows when he is justified, and all the wits in the world cannot enlighten him on that point. The murderer always knows that he is justly punished; but when a government takes the life of a man without the consent of his conscience, it is an audacious government, and is taking a step towards its own dissolution. Is it not possible that an individual may be right and a government wrong? Are laws to be enforced simply because they were made? or declared by any number of men to be good, if they are not good? Is there any necessity for a man’s being a tool to perform a deed of which his better nature disapproves? Is it the intention of law-makers that good men shall be hung ever? Are judges to interpret the law according to the letter, and not the spirit? What right have you to enter into a compact with yourself that you will do thus or so, against the light within you? Is it for you to make up your mind, — to form any resolution whatever, — and not accept the convictions that are forced upon you, and which ever pass your understanding? I do not believe in lawyers, in that mode of attacking or defending a man, because you descend to meet the judge on his own ground, and, in cases of the highest importance, it is of no consequence whether a man breaks a human law or not. Let lawyers decide trivial cases. Business men may arrange that among themselves. If they were the interpreters of the everlasting laws which rightfully bind man, that would be another thing. A counterfeiting law-factory, standing half in a slave land and half in free! What kind of laws for free men can you expect from that?

I am here to plead his cause with you. I plead not for his life, but for his character, — his immortal life; and so it becomes your cause wholly, and is not his in the least. Some eighteen hundred years ago Christ was crucified; this morning, perchance, Captain Brown was hung. These are the two ends of a chain which is not without its links. He is not Old Brown any longer; he is an angel of light.

The post I was going to write, until I got sidetracked, would have been prompted by the piquant comments IOZ incurred for declaring himself a radical but not a revolutionary. It would have cited Thoreau’s Civil Disobedience:

It is not a man’s duty, as a mat­ter of course, to de­vote him­self to the erad­i­cat­ion of any, even the most enor­mous wrong; he may still prop­erly have other con­cerns to en­gage him; but it is his duty, at least, to wash his hands of it, and, if he gives it no thought longer, not to give it prac­ti­cally his sup­port. If I de­vote my­self to other pur­suits and con­tem­plat­ions, I must first see, at least, that I do not pur­sue them sit­ting upon an­other man’s shoul­ders. I must get off him first, that he may pur­sue his con­tem­plat­ions too. See what gross in­con­sis­tency is tol­er­a­ted. I have heard some of my towns­men say, “I should like to have them or­der me out to help put down an in­sur­rec­tion of the slaves, or to march to Mex­ico, — see if I would go;” and yet these very men have each, di­rectly by their al­le­giance, and so in­di­rectly, at least, by their money, fur­nished a sub­sti­tute.

. . .

As for adopt­ing the ways which the State has pro­vided for rem­edy­ing the evil, I know not of such ways. They take too much time, and a man’s life will be gone. I have other af­fairs to at­tend to. I came into this world, not chiefly to make this a good place to live in, but to live in it, be it good or bad. A man has not ev­ery thing to do, but some­thing; and be­cause he can­not do ev­ery thing, it is not nec­es­sary that he should do some­thing wrong. It is not my busi­ness to be pe­ti­tion­ing the governor or the legislature any more than it is theirs to pe­ti­tion me; and, if they should not hear my pe­ti­tion, what should I do then? But in this case the State has pro­vided no way: its very Constitution is the evil. This may seem to be harsh and stub­born and un­con­cil­i­a­tory; but it is to treat with the ut­most kind­ness and con­sid­er­ation the only spirit that can ap­pre­ci­ate or de­serves it. So is all change for the bet­ter, like birth and death which con­vulse the body.

. . .

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.

The post I would have written if I hadn’t gotten sidetracked would also have cited Albert Jay Nock on Isaiah’s Job:

The prophet’s career began at the end of King Uzziah’s reign, say about 740 B.C. This reign was uncommonly long, almost half a century, and apparently prosperous. It was one of those prosperous reigns, however – like the reign of Marcus Aurelius at Rome, or the administration of Eubulus at Athens, or of Mr. Coolidge at Washington – where at the end the prosperity suddenly peters out and things go by the board with a resounding crash.

In the year of Uzziah’s death, the Lord commissioned the prophet to go out and warn the people of the wrath to come. “Tell them what a worthless lot they are.” He said, “Tell them what is wrong, and why and what is going to happen unless they have a change of heart and straighten up. Don’t mince matters. Make it clear that they are positively down to their last chance. Give it to them good and strong and keep on giving it to them. I suppose perhaps I ought to tell you,” He added, “that it won’t do any good. The official class and their intelligentsia will turn up their noses at you and the masses will not even listen. They will all keep on in their own ways until they carry everything down to destruction, and you will probably be lucky if you get out with your life.”

Isaiah had been very willing to take on the job – in fact, he had asked for it – but the prospect put a new face on the situation. It raised the obvious question: Why, if all that were so – if the enterprise were to be a failure from the start – was there any sense in starting it? “Ah,” the Lord said, “you do not get the point. There is a Remnant there that you know nothing about. They are obscure, unorganized, inarticulate, each one rubbing along as best he can. They need to be encouraged and braced up because when everything has gone completely to the dogs, they are the ones who will come back and build up a new society; and meanwhile, your preaching will reassure them and keep them hanging on. Your job is to take care of the Remnant, so be off now and set about it.”

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