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9/11/02 Resources
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  Civil Liberties

The Civil Disobedience Imperative
Reflections by Nick Cardell
First Parish, Groton, MA -- January 23, 2000

In 1962 Psychologist Paul Goodman, author of Growing Up Absurd, published a very small book titled On Drawing the Line. In a chapter called The Ineffectuality of Some Intelligent People he wrote:

"I am again and again baffled how persons of intellect, of good intention, of strong conviction, reason in a way that must logically lead to an Action, and yet do not act. This seems to me to be profoundly pathological, yet how to cure it?.... To explore this pathology of professors and scientists, let us first consider [another] group of well-intentioned, intelligent, solid citizens, whose ineffectuality seems to be explicable on more familiar grounds. This group we may loosely identify as Unitarians, Universalists, Humanists, members of the Ethical Culture Society, many Quakers. They are more than a hundred thousand, educated far above the average, richer than the average, with considerable moral courage and high ideals of life. Why do they throw so little weight?"

Goodman suggested that the answer lay in a "defect of our virtues" in that we are "decent and observe the rules of the game, even when the rules are manipulated against" us. In other words we are law abiding citizens. In his book, Civil Disobedience, Henry David Thoreau touched on this when he noted that "It is not desirable to cultivate a respect for the law, so much as for the right." You will no doubt recall the story about Emerson passing the jail in Concord, discovering his friend Thoreau there and uttering in astonishment, "Henry, what are you doing in there." To which Henry asked, "Waldo, what are you doing out there."

In downtown Syracuse, NY near the Federal Building, there is a larger than life monument memorializing a jailbreak in 1851 two years after the publication Civil Disobedience. It depicts William Henry (known as Jerry in Syracuse), a fugitive slave and on either side of him two ring-leaders of the group that arranged to rescue Jerry from the consequences of the recently enacted federal, "fugitive slave law." The two rescuers in the monument are the Rev. Jermain Loguen, himself an escaped slave, and the Rev. Samuel Joseph May, social activist minister who served (24 years) as minister of the Unitarian congregation in Syracuse, renamed May Memorial after his death.

That act of civil disobedience pretty well killed the Fugitive Slave Law in Syracuse. So much so that the underground railroad running through Syracuse went above ground, publicly collecting funds to assist slaves escaping to Canada.

In his introduction to a book of writings by James Luther Adams, Max Stackhouse wrote: "One of the distinguishing features of liberal theology...is the constant concern for social justice as a religious and not merely secular matter. Nothing makes a theological liberal more angry than the suggestion that religion is a matter of the privacy of the heart only, that genuine religion, understood as deep personal experience, has no direct bearing on questions of justice, equality and freedom in society." [On Being Human Religiously]

Yet, we Unitarian Universalists have often been somewhat uncomfortable with civil disobedience (CD) and our fellow citizens of other persuasions can become apoplectic. A year ago last fall, I arrived home from prison in time to read two letters in the local paper. Both, writers had read some of my "Letters from Camp Allenwood," a series published by the same paper for the six months of my sentence. They called me (and other protesters—three of them from May Memorial—a "zealot" and "anarchist." Each with varying degrees of vitriol argued that because of "unlawful and contemptuous behavior against the United States" my sentence was "not nearly long enough." How sad ..... And worrisome.

As I said in my presentence statement before judge Elliott and the court, at my trial, "If many more German citizens in the 20s and 30s had not had such a reverence for law and order it is conceivable that there might have been no Holocaust and far fewer young men under headstones."

My critics were doubly irate because they thought my protest was not "peaceful" which is unsurprising. I have known many UUs who have a hard time with "destruction of government property." In fact it makes me a bit uncomfortable. My critics seem to have confused my actions (which amounted to a peaceful memorial procession) with those of five friends, two from Syracuse. They redesigned the welcome sign at the entrance to Ft. Benning, Georgia, home of the School of the Americas [SOA], to read "Welcome to the School of Assassins." They were charged with destruction of government property, a felony. It is tragically ironic that our government and many fellow citizens can become so angered by this small act of vandalism while ignoring the fact that the CIA, our State Department and our embassies aid, abet, honor and protect rapists, torturers, murderers and assassins. My friends spent more than a year in prison while murdering graduates of the SOA in El Salvador, Columbia, Guatemala, Mexico, et al. were granted amnesty by their governments.

There are issues, causes so vital that when letters to editors and to Congress, when personal lobbying of legislators fail to inform the public or rouse Congressional action, then civil disobedience [CD] becomes a means of last resort. Women's suffrage and civil rights for African Americans were not won without civil disobedience.

There is another defect that Paul Goodman didn't mention. Too many citizens become indifferent believing the cliche "you can't fight city hall" i.e., government authority. Last April, Elie Weisel spoke at the White House about indifference:

"In a way, to be indifferent to suffering is what makes the human being inhuman. Indifference, after all, is more dangerous than anger and hatred. Anger can, at times, be creative. One writes a great poem, a great symphony, does something special for the sake of humanity, because one is angry at the injustice that one witnesses. But indifference is never creative. Indifference elicits no response. Indifference is not a beginning, it is an end ... and is always the friend of the enemy."--Ellie Wiesel, in remarks at White House, April, 1999

Excessive reverence for law and indifference are attitudes that encourage and lead to the abuse of power by government and a gradual loss of real democracy. It is imperative that government power be challenged on fundamental issues. Using our taxes to support the SOA, the School of Assassins, our government makes us accomplices, Judases by proxy. We are, thus, all betrayers of other peoples lives, their legitimate dreams, their possibilities, and of our own values.

Malvina Reynolds song got it right on civil rights:

It isn't nice to block the doorways
It isn't nice to go to jail
There are nicer ways to do it
But the nicer ways always fail.

Civil disobedience is a tactical tool. It rarely if ever accomplishes its aim alone. Its purpose and function is two-fold. First, to capture media attention in order to inform, educate and recruit public support. For years our government managed to keep the SOA and the deeds of its graduates secret. But when 25 mostly elderly teachers, nurses, social workers, nuns and clergy and lay people were arrested for peacefully criticizing the SOA, found guilty of misdemeanors, and sentenced in public trial to six months in prison and $3,000 fines the rat was really out of the bag. Each of us received hundreds of letters from people who had never heard of the SOA and were appalled by what they learned.

The early efforts to legislate the SOA out of existence lost by nearly two hundred votes in the House. Gradually that margin narrowed until last September when a budget amendment to eliminate the money used to bring students from Latin America to the School won by 33 votes. The Senate couldn't muster enough votes to keep it in the final bill. BUT we were back at the gates of Ft. Benning in November. This time there were about 12,000 at the annual Vigil with us, and over 4,400 risked arrest by crossing the line. And we will be lobbying again in Washington, D.C. in April and back at Ft. Benning in November. Remember, all of this started ten years ago with but one person—a Maryknoll priest, Roy Bourgeois.

The second function served by civil disobedience is to show our government that there is real dedicated opposition willing to challenge its abuses of power. There are governments in Latin-America that have a democratic form and the name of democracy, but are actually not governments "of, by and for the people...." They are all-powerful institutions supported by intimidating armies and paramilitary forces. They govern by intimidation including disappearance, torture, rape and murder. Governments become all powerful when there are no institutions or groups willing and strong enough to challenge them. Civil disobedience is a vital element in sustaining free institutions, including religions.

Even our government has and uses many means to intimidate potential dissenters. It is clear that the draconian sentences handed down in 1998 to twenty-five of us were intended to frighten the SOA Watch opposition out of existence. The Veterans Administration cooperates by cutting a veterans disability compensations in half for such dissent. Even State government agencies collaborate. The New York Board of Regents' Office of Professional Discipline declared my friend retired, registered nurse Ann Tiffany guilty of unprofessional conduct and offered her a choice of accepting a $500 fine and letter of censure and reprimand or loss of her nurses license. Fortunately, pressure from individuals and newspaper coverage resulted only in a letter of censure and reprimand. A travesty, but better than the alternative.

Civil Disobedience is not for everyone; prison is not for everyone; there are many too many people going to prison as it is. But there are many ways to resist injustice: join the vigils, lobby, write letters to Congress and newspapers & support the imprisoned.

In 1851 at the Jerry Rescue in Syracuse a large crowd gathered outside the Jail and passed Jerry on a sea of hands to a waiting carriage that took him into hiding until he could safely be transported to Canada.

According to one version of the story, Emerson's answer to Thoreau's question was an action—he paid Henry's fine. Many UUs, some of you among them, helped do that for us in 1998.

There are many ways to help, many ways to resist government abuses. People raised money for our fines, people continue to badger their Senators and Representatives, people swell the crowd of those who show up each November, not to cross the line and get arrested, but to vigil and support those who do cross.

According to one definition of the verb minister, it is to attend to the wants and needs of others. In my view of ministry, there were 12,000 ministers at the entrance to Ft. Benning in Columbus Georgia last November.

The ministry of any religious community depends for its fruitfulness not only on support for ministry, but also on participation in it. Celebration and healing are our tasks. Celebrating the wonders and mysteries of life, and healing. Nurturing and comforting each other and reaching out in compassion to those in our larger communities whose dreams, possibilities and lives have been broken by the mystery of fate or the cruelties of injustice and indifference. These tasks are a calling by means of which we help to heal others—and are healed.

Closing Words

While we cannot control the weather
remember that we are always creating climate—
a climate that chills or warms human hearts.

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