Emerson visited Thoreau in jail and asked, “Henry, what are you doing in there?” Thoreau replied, “Waldo, the question is what are you doing out there?”

Imprisoned for a night
[13]     "Civil Disobedience" was Thoreau’s response to his 1846 imprisonment for refusing to pay a poll tax that violated his conscience. He exclaimed in "Civil Disobedience,"

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.

[14]     Imprisonment was Thoreau’s first direct experience with state power and, in typical fashion, he analyzed it:

The State never intentionally confronts a man’s sense, intellectual or moral, but only his body, his senses. It is not armed with superior wit or honesty, but with superior physical strength. I was not born to be forced. I will breathe after my own fashion. Let us see who is the strongest.

[15]     Prior to his arrest, Thoreau had lived a quiet, solitary life at Walden, an isolated pond in the woods about a mile and a half from Concord. He now returned to Walden to mull over two questions: (1) Why do some men obey laws without asking if the laws are just or unjust; and, (2) why do others obey laws they think are wrong? [16]     In attempting to answer these questions, Thoreau’s view of the state did not alter. It was that view, after all, which led him to prison in the first place. Judging by the rather dry, journalistic account of being in jail, his emotional reaction did not seem to alter significantly; he was not embittered by the experience. The main criticism he expressed was aimed at those who presumed to pay his fine, an act that the jailer said “made him mad as the devil.”
[17]     Toward the men who were his jailers, Thoreau seems to have felt more disdain than anger, stating,

They plainly did not know how to treat me, but behaved like persons who are under-bred. 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 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.

[18]     It was the reaction of the townspeople of Concord, his neighbors, that distressed Thoreau and made him dissect the experience so as to understand their behavior. He ended his short, matter-of-fact account of his night in prison with a commentary on the townsfolk, which expressed how his eyes had been opened:

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.

[19]     There is no cynicism in Thoreau’s description of his neighbors, whom he admits he may be judging “harshly,” since “many of them are not aware that they have such an institution as the jail in their village.” Instead he was unsettled by the realization that there was a wall between him and the townsfolk, a wall to which Gandhi referred in an account of his second imprisonment in South Africa. Gandhi wrote,

Placed in a similar position for refusing his poll tax, the American citizen Thoreau expressed similar thought in 1849. Seeing the wall of the cell in which he was confined, made of solid stone 2 or 3 feet thick, and the door of wood and iron a foot thick, he said to himself, “If there were a wall of stone between me and my townsmen, there was still a more difficult one to climb or break through before they could get to be as free as I was.”

[20]     Thoreau may have also brooded over the reaction of Emerson, who criticized the imprisonment as pointless. According to some accounts, Emerson visited Thoreau in jail and asked, “Henry, what are you doing in there?” Thoreau replied, “Waldo, the question is what are you doing out there?” Emerson was “out there” because he believed it was shortsighted to protest an isolated evil; society required an entire rebirth of spirituality. [21]     Emerson missed the point of Thoreau’s protest, which was not intended to reform society but was simply an act of conscience. If we do not distinguish right from wrong, Thoreau argued that we will eventually lose the capacity to make the distinction and become, instead, morally numb.
[22]    Near the end of his life, Thoreau was asked, “Have you made your peace with God?” He replied, “I did not know we had ever quarrelled.” For Thoreau, that would have been the real cost of paying his poll tax; it would have meant quarreling with his own conscience, which was too close to quarreling with God.
[23]   Civil Disobedience ends on a happy note. After Thoreau’s release and unpleasant experience with his   neighbors, the children of Concord had brightened his mood by urging him to join a huckleberry hunt. Huckleberrying was one of Thoreau’s valued pastimes and his skill at locating fruit-laden bushes made him a favorite with children. And, should a child stumble, spilling berries, he would kneel by the weeping child and explain that if children did not stumble, then berries would never scatter and grow into new bushes.
[24]     He ended his chronicle of prison,

[I] joined a huckleberry party, who were impatient to put themselves under my conduct; and in half an hour ... 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.

[25]     Thus, Thoreau shed the experience of prison, but he could not shed the insight he had gained into his neighbors nor the questions that accompanied his new perspective. The text of "Civil Disobedience" constitutes the answer he discovered by listening to the “quiet voice within.” [26]     Although many Quaker writers had argued from conscience for civil disobedience against war and slavery, Henry David Thoreau’s "Civil Disobedience" essay is not tied to a particular religion or to a specific issue. It is a secular call for the inviolability of conscience on all issues, and this aspect may account for some of the essay’s enduring legacy. The personal quality of "Civil Disobedience" also contributes to its impact, as the essay exudes sincerity more commonly found in diaries and correspondence than in political tracts.
[27]     The opening sentence of "Civil Disobedience" sets the tone by paraphrasing the motto of The United States Magazine and Democratic Review – “That government is best which governs least.” Then Thoreau carries this logic one step further:

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 they will have. Government is at best but an expedient....

[28]     After what appears to be a call for anarchism, Thoreau pulls back and dissociates himself from “no-government men.” Speaking in practical terms and “as a citizen,” he states, “I ask for, not at once no government, but at once a better government.” [29]     Whatever his position on government, one point is clear: Thoreau denies the right of any government to automatic and unthinking obedience. Obedience should be earned and it should be withheld from an unjust government. To drive this point home, "Civil Disobedience" dwells on how the Founding Fathers rebelled against an unjust government, which raises the question of when rebellion is justified.
[30]     To answer, Thoreau compares government to a machine and the problems of government to “friction.” Friction is normal to a machine so that its mere presence cannot justify revolution. But open rebellion does become justified in two cases: first, when the friction comes to have its own machine, that is, when the injustice is no longer occasional but a major characteristic; and, second, when the machine demands that people cooperate with injustice. Thoreau declared that, if the government
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.

Ref
Civil Disobedience...
http://www.fff.org/freedom/fd0503e.asp
http://www.fff.org/freedom/fd0503e.asp
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