Forcing Justice: Violence and Nonviolence in Selected Texts by Thoreau and Gandhi

Mahatma Gandhi

Henry David Thoreau

Forcing Justice

Violence and Nonviolence in Selected Texts by Thoreau and Gandhi

SAGA Egmont

Forcing Justice: Violence and Nonviolence in Selected Texts by Thoreau and Gandhi

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Copyright © 2022 Albert A. Anderson, Henry David Thoreau, Mahatma Gandhi and SAGA Egmont

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Introduction

This is a time of extreme moral, political, and economic division in the United States and throughout the world. The depth of that division is symbolized by the murder of George Floyd on May 25, 2020 in Minneapolis, Minnesota. I defer to historians to trace the roots and determine the scope of that phenomenon. The philosophical question concerns the analysis and justification of the means that should be used to promote justice.

The Black Lives Matter movement in the United States preceded the death George Floyd, but it became much more prominent in the public consciousness as protests spawned by the murder of George Floyd and many other people spread beyond Minnesota, beyond the United States, and extended throughout the globe. Those protests and counter-protests involved both nonviolent action and violence that caused injury and death. They also led to an ongoing struggle between those who favor reducing or even defunding police forces and those who insist that strong police and military forces are essential. This collection focuses on the differences between using force and using nonviolence to achieve justice in human society.

This issue not only transcends geographical boundaries, but it also forces us to think again about the struggle to eliminate slavery that spawned the Civil War, gave birth to the Reconstruction era, and led to the reaction that created the Jim Crow laws that sought to cancel the rights of black people the war was fought to obtain. Although the civil rights movement of the 1960s largely brought an end to the Jim Crow laws, some historians are drawing a parallel between the current struggle over voting rights and the backlash that produced those laws. For example, American historian Heather Cox Richardson, who specializes in the Reconstruction Era, recently reflected on the Fourteenth Amendment to the U.S. Constitution and its emphasis on the rights of all citizens that cannot be nullified by individual states. She says: The Fourteenth Amendment gave the federal government the power to protect individuals even if their state legislatures had passed discriminatory laws (Letters from an American, July 9, 2021). Given recent attempts by some states to restrict voting rights, and in light of the current domination of the U.S. Supreme Court by originalists, Richardson concludes that the principles of the Fourteenth Amendment seem terribly current.

Agora Publications is dedicated to presenting original philosophical texts and performing them in audio format. The works in the present volume are designed to focus on philosophical issues related to the question of how justice can be implemented in human society. Since its beginning, the field of philosophy has placed the concept and the practice of justice high on its list of topics. No political and moral issue is more important. Consequently, the current struggle to bring practice in line with theory motivates this special collection of essays that focuses on the ethical question of the role of force now and in the future. Many of the works on the Agora Publications list deal with the idea of justice, with Plato’s Republic as the most prominent example. Forcing Justice is specifically concerned with the issue of using force, especially police and military force, to end injustice and promote justice. Although both Henry David Thoreau and Mohandas K. Gandhi recognize the need to use such force in extreme cases, they differ on the extent to which we can and should use force or nonviolent means to promote and implement justice in our lives.

No single text can fully treat the fundamental idea of justice, much less consider how it can be manifested in every particular time, place, or community. What philosophers can do is strive to understand and articulate such ideas with the goal of helping individuals and groups integrate them in their own lives. The most urgent political question is whether the form of democracy that weas created and first implemented in 18th century America can endure in the face of powerful hostile forces. The demand that all humans should be free in this sense is self-evident, a claim that grounds the Declaration of Independence as adopted on July 4, 1776 by the Second Continental Congress. If that moral claim cannot be justified, morality itself is groundless. The Agora Publications collection called Foundations of Ethics, by Immanuel Kant, offers a clear philosophical elaboration of that idea in both theory and in practice. Given the immorality of slavery in all of its forms, the central question concerns the means that can be justified to promote the end of eliminating slavery in all of its forms and foster a political and moral order that promotes justice and equality for all.

The three essays in this collection by Henry David Thoreau urge us to consider the difficult matter of how to counter the specific injustice manifested in the practice of buying and selling human beings and how to implement laws and practices that help establish justice. Of the many philosophical ideas explored by Thoreau, the question of how to end slavery and provide justice for all stands out. It is no surprise to find Thoreau defending the idea of civil disobedience, but his defense of John Brown, who used violence—including murder—does command our attention. Those of us who lived through the Civil Rights movement of the 1960s and 1970s were heavily influenced by the rhetoric, the actions, and the overall philosophy of Martin Luther King, Jr., who famously combined civil disobedience and nonviolent action under the strong influence of Mohandas K. Gandhi. King was not alone. Others, such as Representative John Lewis of Georgia, promoted nonviolent tactics to the end, and staunchly opposed violence, especially police violence. King’s writings and speeches are readily available elsewhere, so they are not included in this collection. What is not clear until we carefully read their writings is the contrast between the violence that Thoreau applauds in the example of John Brown and the strategy of nonviolence embraced by Gandhi.

Was the Civil War—the bloodiest war in U.S. history—justified by the goal of eliminating slavery? Are military action and police force justifiable as an ongoing aspect of domestic and international policy? Thoreau, along with most contemporary political leaders, favors the use of such physical force and coercion. Although Gandhi staunchly defends and promotes the use of nonviolence, he is quick to condemn inaction as an even greater evil than violence. If forced to choose between doing nothing and using violence, he would choose violence; but his many writings and speeches are designed to show that we almost always have a nonviolent alternative to oppose injustice and foster justice. The lives of a billion residents of India have been profoundly shaped by Gandhi and his nonviolence as it is expressed and examined in his volume that bears the title My Nonviolence. The liberation of India from British colonialism and the establishing of what Gandhi called home rule is powerful evidence of the role nonviolence can play in bringing about justice and eliminating injustice. Martin Luther King Jr.’s use of nonviolent forms of civil disobedience has had a similar positive role in reshaping the lives and laws in the United States.

Ideally, a careful reading of these essays at this time in history will revive this dialogue in ways that help lovers of wisdom dig deeper into these vital matters. Thoreau, who is best known for his love of nature and his retreat to Walden Pond, suggests that human life might benefit from closer integration with nature and from attention to universal concerns that surpass materialism. This vision lies at the root of the American philosophical tradition called Transcendentalism. Thoreau’s reflections on slavery and the complicity of the political leaders in Massachusetts prior to the Civil War continue to be relevant to our lives. We might ask about the degree to which contemporary political and economic leaders throughout the United States are engaged in activities that promote different forms of slavery.¹ This topic would require a separate inquiry, but in the current context we should not ignore the connections among race, class, economic inequality, and public policy that continue to threaten the very existence of democracy in the U.S.

In the Twentieth Century, we find Gandhi raising similar concerns that address not only matters of race and skin color but also the caste system and the social stratification that pervades the entire globe. These various topics are inextricably connected such that it is impossible to get to the heart of the matter without understanding not only how the topics shape each other but also to consider the best way to promote justice and goodness in the actual world where we live. The primary goal of Agora Publications is not to answer such controversial questions but to provide access to philosophical works that promote such dialogue.

Gandhi’s text poses a special problem for the editor. The content of My Nonviolence consists of a series of relatively short pieces that appeared in periodicals he published over a period of almost three decades, beginning in 1920 and ending shortly before his death in 1948. The policy at Agora Publications is to publish only unabridged texts, but this work calls for an exception. Although Gandhi’s thinking evolved and matured as world events unfolded, his basic philosophy of nonviolence remained throughout. Particular events required frequent repeating some of his basic ideas in subsequent essays and speeches, so it is not necessary to include them all. For that reason, only about 50 of 150 separate pieces are included. On the other hand, it is important to include what is essential and avoid softening or blunting what might be provocative and controversial. In making this selection, the primary criterion was to include the ones most directly related to the central theme of the roles of violence and nonviolence in seeking justice. Another principle of selection was to incorporate individual pieces that use dialogue to present Gandhi’s ideas and to foster the possibility of the various selections naturally connecting with each other. Success will be determined by the degree to which readers and the listeners are engaged in the overall process.

Three essays by Henry David Thoreau

1. Slavery in Massachusetts [1854]

I recently attended a meeting of the citizens of Concord, expecting, as one among many, to speak on the subject of slavery in Massachusetts; but I was surprised and disappointed to find that what had called my townsmen together was the destiny of Nebraska, and not of Massachusetts, and that what I had to say would be entirely out of order. I had thought that the house was on fire, and not the prairie; but though several of the citizens of Massachusetts are now in prison for attempting to rescue a slave from her own clutches, not one of the speakers at that meeting expressed regret for it, not one even referred to it. It was only the disposition of some wild lands a thousand miles off which appeared to concern them. The inhabitants of Concord are not prepared to stand by one of their own bridges but talk only of taking up a position on the highlands beyond the Yellowstone River. Our Buttricks and Davises and Hosmers are retreating, and I fear that they will leave no Lexington Common between them and the enemy. There is not one slave in Nebraska; there are perhaps a million slaves in Massachusetts.

They who have been bred in the school of politics fail now and always to face the facts. Their measures are half measures and makeshifts merely. They put off the day of settlement indefinitely, and meanwhile the debt accumulates. Though the Fugitive Slave Law had not been the subject of discussion on that occasion, it was at length faintly resolved by my townsmen, at an adjourned meeting, as I learn, that the compromise compact of 1820 having been repudiated by one of the parties, Therefore … the Fugitive Slave Law of 1850 must be repealed. But this is not the reason why an iniquitous law should be repealed. The fact which the politician faces is merely that there is less honor among thieves than was supposed, and not the fact that they are thieves.

As I had no opportunity to express my thoughts at that meeting, will you allow me to do so here?

Again, it happens that the Boston Courthouse is full of armed men, holding prisoner and trying a man, to find out if he is not really a slave. Does anyone think that justice or God awaits Mr. Loring's decision? For him to sit there deciding still, when this question is already decided from eternity to eternity, and the unlettered slave himself and the multitude around have long since heard and assented to the decision, is simply to make himself ridiculous. We may be tempted to ask from whom he received his commission, and who he is that received it; what novel statutes he obeys, and what precedents are to him of authority. Such an arbiter's very existence is an impertinence. We do not ask him to make up his mind, but to make up his pack.

I listen to hear the voice of a Governor, Commander-in-Chief of the forces of Massachusetts. I hear only the creaking of crickets and the hum of insects which now fill the summer air. The Governor's exploit is to review the troops on muster days. I have seen him on horseback, with his hat off, listening to a chaplain's prayer. It chances that that is all I have ever seen of a Governor. I think that I could manage to get along without one. If he is not of the least use to prevent my being kidnapped, pray of what important use is he likely to be to me? When freedom is most endangered, he dwells in the deepest obscurity. A distinguished clergyman told me that he chose the profession of a clergyman because it afforded the most leisure for literary pursuits. I would recommend to him the profession of a Governor.

Three years ago, also, when the Sims tragedy was acted, I said to myself, there is such an officer, if not such a man, as the Governor of Massachusetts—what has he been about the last fortnight? Has he had as much as he could do to keep on the fence during this moral earthquake? It seemed to me that no keener satire could have been aimed at, no more cutting insult have been offered to that man, than just what happened—the absence of all inquiry after him in that crisis. The worst and the most I chance to know of him is that he did not improve that opportunity to make himself known, and worthily known. He could at least have resigned himself into fame. It appeared to be forgotten that there was such a man or such an office. Yet no doubt he was endeavoring to fill the gubernatorial chair all the while. He was no Governor of mine. He did not govern me.

But at last, in the present case, the Governor was heard from. After he and the United States government had perfectly succeeded in robbing a poor innocent black man of his liberty for life, and, as far as they could, of his Creator's likeness in his breast, he made a speech to his accomplices, at a congratulatory supper!

I have read a recent law of this State, making it penal for any officer of the Commonwealth to detain or aid in the… detention, anywhere within its limits, of any person, for the reason that he is claimed as a fugitive slave. Also, it was a matter of notoriety that a writ of replevin to take the fugitive out of the custody of the United States Marshal could not be served for want of sufficient force to aid the officer.

I had thought that the Governor was, in some sense, the executive officer of the State; that it was his business, as a Governor, to see that the laws of the State were executed; while, as a man, he took care that he did not, by so doing, break the laws of humanity; but when there is any special important use for him, he is useless, or worse than useless, and permits the laws of the State to go unexecuted. Perhaps I do not know what the duties of a Governor are; but if to be a Governor requires subjecting oneself to so much public shame without remedy, if it is to put a restraint upon my humanity, I shall take care never to be Governor of Massachusetts. I have not read far in the statutes of this Commonwealth. It is not profitable reading. They do not always say what is true; and they do not always mean what they say. What I am concerned to know is, that that man's influence and authority were on the side of the slaveholder, and not of the slave—of the guilty, and not of the innocent—of injustice, and not of justice. I never saw him of whom I speak; indeed, I did not know that he was Governor until this event occurred. I heard of him and Anthony Burns at the same time, and thus, undoubtedly, most will hear of him. So far am I from being governed by him. I do not mean that it was anything to his discredit that I had not heard of him, only that I heard what I did. The worst I shall say of him is, that he proved no better than the majority of his constituents would be likely to prove. In my opinion, he was not equal to the occasion.

The whole military force of the state is at the service of a Mr. Suttle, a slaveholder from Virginia, to enable him to catch someone whom he calls his property; but not a soldier is offered to save a citizen of Massachusetts from being kidnapped! Is this what all these soldiers, all this training, have been for these seventy-nine years past? Have they been trained merely to rob Mexico and carry back fugitive slaves to their masters?

These very nights I heard the sound of a drum in our streets. There were men still training; and for what? I could with an effort pardon the roosters of Concord for still crowing, for they, perchance, had not been beaten that morning; but I could not excuse this rub-a-dub of the trainers. The slave was carried back by exactly such people as these, that is, by the soldier, of whom the best you can say in this connection is that he is a fool made conspicuous by a painted coat.

Three years ago, also, just a week after the authorities of Boston assembled to carry back a perfectly innocent man, and one whom they knew to be innocent, into slavery, the inhabitants of Concord caused the bells to be rung and the cannons to be fired, to celebrate their liberty—and the courage and love of liberty of their ancestors who fought at the bridge. As if those three million had fought for the right to be free themselves, but to hold in slavery three million others. Nowadays, men wear a fool's-cap, and call it a liberty-cap. Perhaps there are some who, if they were tied to a whipping-post, and could get but one hand free, would use it to ring the bells and fire the cannons to celebrate their liberty. So, some of my townspeople took the liberty to ring and fire. That was the extent of their freedom; and when the sound of the bells died away, their liberty died away also; when the powder was all expended, their liberty went off with the smoke.

The joke could be